Anderson v. State
Decision Date | 07 July 1995 |
Docket Number | CR-94-0747 |
Citation | 668 So.2d 159 |
Parties | Scott Leon ANDERSON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Appeal from Shelby Circuit Court, Nos. CC-94-049 and CC-94-050; Al Crowson, Judge.
William Hill, Jr., Clanton, for Appellant.
Jeff Sessions, Atty. Gen., and John Park, Deputy Atty. Gen., for Appellee.
The appellant, Scott Leon Anderson, pleaded guilty to two counts of unlawful distribution of a controlled substance (crack cocaine), a violation of § 13A-12-211, Code of Alabama 1975. He was sentenced to seven years' imprisonment on each count, the sentences to run concurrently. The sentences were split, and he was ordered to serve two years in the penitentiary and the remainder on probation. Additionally, he was sentenced to five years in the penitentiary on each count pursuant to the enhancement provision of § 13A-12-250, Code of Alabama 1975, for selling controlled substances within three miles of a school.
He contends on appeal that his guilty plea was not voluntary because, he says, the trial court did not inform him of the ramifications of the application of the enhancement provision of § 13A-12-250 before he entered his plea. In other words, he contends that he was not informed of the correct minimum and maximum possible sentences he could receive, as required by Rule 14.4, Ala.R.Crim.P.
Based on the recent holdings of the Alabama Supreme Court in Hinton v. State, 668 So.2d 51 (Ala.1995); Cantu v. State [opinion modified April 28, 1995], 660 So.2d 1026 (Ala.1994) ( ); Parish v. State [opinion modified April 28, 1995] 660 So.2d 231 (Ala.1994) (on rehearing); and Gordon v. Nagle, 647 So.2d 91 (Ala.1994) ( ), we hold that the appellant failed to preserve this issue for our review because he did not object, file a motion to withdraw the plea, or file a motion for a new trial.
In Ex parte Rivers, 597 So.2d 1308, 1309 (Ala.1991), the Alabama Supreme Court reiterated the rule "that the defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea." (Emphasis added.) Furthermore, the Court stated that a defendant did not have to object in the trial court in order to preserve the issue for appellate review of a Rule 32, Ala.R.Crim.P., petition because "the illegality of a defendant's sentence" is a ground specified in Rule 32 for collateral post-conviction relief. Rivers, 597 So.2d at 1310. In cases following Rivers, this court reluctantly interpreted Rivers to mean that failure of the trial court to advise a defendant of the maximum and minimum possible sentences was a jurisdictional matter that could be raised for the first time on appeal. Parish v. State, 660 So.2d 227 (Ala.Cr.App.1993), reversed, 660 So.2d 231 (Ala.1994); Bennett v. State, 649 So.2d 213 (Ala.Cr.App.1993), reversed, 649 So.2d 214 (Ala.1994); Cantu v. State, 660 So.2d 1024 (Ala.Cr.App.1992), affirmed, 660 So.2d 1026 (Ala.1994); Brown v. State, 611 So.2d 1194 (Ala.Cr.App.1992); Sampson v. State, 605 So.2d 846 (Ala.Cr.App.1992).
In Gordon v. Nagle, a case answering a certified question posed by the United States Court of Appeals for the Eleventh Circuit, the Alabama Supreme Court acknowledged that the confusion regarding this issue that was the "result of contradictory holdings by the Court of Criminal Appeals ... and that court's interpretation of our decision in Ex parte Rivers." Gordon v. Nagle, 647 So.2d at 93.
More recently, in Cantu v. State, 660 So.2d 1026 (Ala.1994) ( ), the Alabama Supreme Court more fully addressed the confusion over Rivers initially discussed in Gordon v. Nagle. The Court stated:
Cantu, 660 So.2d at 1029. (Emphasis added.)
In Parish v. State, 660 So.2d 231 (Ala.1994) ( ), released the same day as Cantu, the defendant raised the same issue as the one raised in the present case. He contended that he had been incorrectly informed of the possible maximum and minimum sentences because, he said, the enhancement provision of § 13A-12-250, Code of Alabama 1975, had not been correctly explained. The Alabama Supreme Court stated:
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