Opinion

English v. State

56 Ala. App. 704
325 So. 2d 211
1975 Ala. Crim. App. LEXIS 1398

Court: Court of Criminal Appeals of Alabama
Filed: Oct 1, 1975
Status: Published
Author: Cates
On the bench: Harris, Cates, Decarlo, Bookout, JJ-
Cited by: 31 cases
Authority: More cited than 7.8%

The opinion

CATES, Presiding Judge

(concurring specially).

I think that the next to the last paragraph of Judge Harris’s opinion puts the trial judge in the position of having no discretion in sentencing where counsel for the parties have attempted to agree. See Aaron v. State, 43 Ala.App. 450 , 192 So.2d 456 .

However, I vote to reverse but solely because the prosecuting and defense attorneys failed to put their agreement in writing. See Rule 14, Rules of Practice in Circuit * * *° Courts, Sup.Ct. Rule 20 and Rule 47, ARAP.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.