Bones v. State
Decision Date | 22 August 1997 |
Docket Number | CR-96-1244 |
Parties | James L. BONES v. STATE. |
Court | Alabama Court of Criminal Appeals |
James L. Bones, appellant, pro se.
Bill Pryor, atty. gen., and Thomas F. Parker IV, asst. atty. gen., for appellee.
Pursuant to a plea agreement, the appellant, James L. Bones, pled guilty to manslaughter. The appellant does not dispute that his plea was knowingly, intelligently, and voluntarily made, nor does he dispute the terms of his sentence. The appellant was sentenced to fifteen years split to fifteen months to serve in the Montgomery County jail, followed by five years supervised probation. The appellant was also ordered to pay ten thousand dollars ($10,000.00) in restitution to the victim, with three thousand dollars ($3,000.00) to be paid to the victim within thirty days. The appellant did not pay the three thousand dollars to the victim within thirty days, and the victim 1 filed a motion for delinquency and/or revocation hearing. After the hearing, the trial court revoked the appellant's probation and ordered him to serve his fifteen year sentence.
The appellant did not appeal his probation revocation. After the time for filing an appeal had run, the appellant filed a Rule 32, Ala. R.Crim. P., petition, alleging that: (1) his probation was improperly revoked because he was indigent; (2) he received ineffective assistance of counsel because his attorney failed to object to his split sentence and failed to appeal the revocation of his probation; and (3) his sentence was improper because there was no factual basis to support a restitution order of ten thousand dollars ($10,000.00).
The State filed a response to the appellant's petition and also filed a Motion for Summary Disposition. The trial court granted the State's Motion for Summary Disposition, holding that it "specifically finds that the petition lacks basis in both fact and law."
The appellant appealed the trial court's dismissal of his Rule 32 petition and filed a brief in support of his claims, raising the same claims as in his petition. The State, rather than filing a brief in response, filed a Motion to Dismiss or, in the Alternative, Motion to Deny Appeal, and addressed only the issue of whether or not the appellant's probation had been improperly revoked because he was indigent and therefore unable to pay the court-ordered restitution.
The appellant responded by filing a Motion to Strike the exhibits attached to the State's Motion to Dismiss. However, because we are remanding this case to the trial court, the appellant's Motion to Strike is moot. The State's Motion to Dismiss or, in the Alternative, Motion to Deny Appeal, will be treated as the State's brief on the issues presented by the appellant.
The appellant argues that "[t]he trial court erred to revers[al] by revoking appellant's probation solely because of his inability to pay restitution." The State argues that the appellant In Wright v. State, 610 So.2d 1187, 1189 (Ala.Cr.App.1992), cited by the State, this Court addressed this same issue, stating:
610 So.2d at 1189 (emphasis added).
In his petition and brief to this...
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Anderson v. State
...of fact with regard to each of Anderson's claims, and, if necessary, to hold an evidentiary hearing on this matter. Bones v. State, 708 So.2d 214 (Ala.Crim. App.1997). On remand, the circuit court may conduct such further proceedings or take such evidence as it deems necessary to make its d......
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...written findings of fact with regard to this claim, and, if necessary, to hold an evidentiary hearing on this matter. Bones v. State, 708 So.2d 214 (Ala. Crim.App.1997). On remand, the circuit court may conduct such further proceedings or take such evidence as it deems necessary to make its......
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Sanford v. State
...written findings of fact with regard to this claim, and, if necessary, to hold an evidentiary hearing on this matter. Bones v. State, 708 So.2d 214 (Ala.Crim.App.1997). On remand, the circuit court may conduct such further proceedings or take such evidence as it deems necessary to make its ......