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EX PARTE GUESS

85-1529.

507 So.2d 551 (1987)

Ex parte Larry Wayne GUESS. (Re: Larry Wayne Guess v. State of Alabama).

Supreme Court of Alabama.

April 10, 1987.

Attorney(s) appearing for the Case

Jenifer C. Holt, Scottsboro, for petitioner.

Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannan, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

Two legal questions are presented by this petition for writ of certiorari:

(1) Is Alabama's so-called "firearm enhancement statute"1 unconstitutional because it permits the trial judge, rather than a jury, to decide the fact question whether "a firearm or deadly weapon was used or attempted to be used in the commission of the felony"?

(2) Under Alabama's new Criminal Code, does the State have to prove in...

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