Opinion

Brown v. State

  • 939 So. 2d 957
  • 2005 WL 3507985
Court
Court of Criminal Appeals of Alabama
Filed
Dec 23, 2005
Status
Published
Author
Baschab
On the bench
Baschab, Shaw
Cited by
6 cases

holding that the circuit court’s failure to apply the mandatory enhancements contained in § 13A-12-231(13) renders the appellant’s sentence illegal

How later courts described this case

  • holding that the circuit court’s failure to apply the mandatory enhancements contained in § 13A-12-231(13) renders the appellant’s sentence illegal
  • failure to make a timely objection in accordance with statutory requirements to the admissibility of a certificate of analysis waived the issue for appeal

Written by the judges who cited it.

The opinion

I concur with the majority's conclusion that the issue of the admissibility of the certificate of analysis is not properly before this court for review. However, I dissent because I believe the majority should also analyze whether the appellant's convictions for both first-degree unlawful manufacture of a controlled substance (methamphetamine) and trafficking in methamphetamine violate double jeopardy principles.

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.

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