McLaughlin v. State, CR-93-1098

CR-93-1098 | Ala. Crim. App. | Apr 14, 1995

Lead Opinion

COBB, Judge.

APPEAL DISMISSED BY MEMORANDUM.

All the Judges concur except TAYLOR, P.J., who dissents with opinion.

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Dissenting Opinion

TAYLOR, Presiding Judge,

dissenting.

I dissent from the majority’s dismissal of this case. This case is being dismissed because the appellant, pursuant to a plea agreement relating to a separate charge, agreed to dismiss this appeal. The right to appeal a conviction to a higher court is a constitutional right that the state cannot negotiate with or bargain away from a citizen. Therefore, I must dissent.