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08/19/94 JOHN PAUL STOLZ v. STATE

August 19, 1994

JOHN PAUL STOLZ
v.
STATE



Appeal from Madison Circuit Court. (CC-93-1149). Daniel Banks, TRIAL JUDGE.

Rehearing Denied September 30, 1994. Certiorari Denied December 22, 1994. Released for Publication March 8, 1996.

Montiel, Judge, Bowen, P.j., Patterson And Mcmillan, JJ Concur., Taylor, J., Concurs IN Result Only With Opinion.

The opinion of the court was delivered by: Montiel

MONTIEL, JUDGE

AFFIRMED. NO OPINION.

BOWEN, P.J., PATTERSON AND MCMILLAN, JJ CONCUR. TAYLOR, J., CONCURS IN RESULT ONLY WITH OPINION.

Concurring in Result Only of Unpublished Memorandum

TAYLOR, JUDGE (concurring in result only).

I concur in the result only for the reasons stated in Tillery v. State, [Ms. CR-93-795, July 29, 1994] So.2d (Ala. Cr. App. 1994). In Tillery, this court stated:

"Based on an examination of Boykin [v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L. Ed. 2d 274 (1969)]; Rule 14.4, Ala. R. Crim.P.; and Alabama case law, we find that the factual basis requirement is not a component of the determination of whether a defendant had voluntarily entered a plea of guilty. Therefore, Bennett [v. State, [Ms. 1930083, July 15, 1994] So.2d (Ala. 1994)], Parish [v. State, [Ms. 1921181, April 15, 1994] So.2d (Ala. 1994)], Cantu [v. State, [Ms. 1920426, April 15, 1994] So.2d (Ala. 1994)], and Gordon [v. Nagle, [Ms. 1921941, March 25, 1994] So.2d (Ala. 1994),] are not applicable and this issue is not reviewable by this court because the appellant's contention concerning the factual basis of his plea was not preserved for appellate review.

So.2d at .

19940819

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