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Poole v. State8/31/2001
n within three miles of a public housing project. The law will not permit an increase in the base sentences in this circumstance. E.g., North Carolina v. Pearce, 395 U.S. 711 (1969); McConico v. State, 539 So.2d 1085 (Ala. Crim. App. 1988); Raines v. State, 562 So.2d 530 (Ala. Crim. App. 1990).
The remedy in this case is very simple. The case should be remanded to the Circuit Court of Etowah County, and the judge should be ordered, with no hearing required, to revise the case action summary sheet by vacating all improper sentencing enhancements and by then notifying the Department of Corrections of this revision.
I believe that the foregoing analysis more fully acknowledges and accommodates the rules announced in Apprendi, and that, because this Court does not reach this result on its own, a higher court will be forced to impose it later.
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