Brooks v. State
Decision Date | 31 January 2003 |
Parties | Malcolm BROOKS v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Malcolm Brooks, pro se.
William H. Pryor, Jr., atty. gen., and Stephanie N. Morman, asst. atty. gen., for appellee.
Malcolm Brooks appeals from the circuit court's denial of his Rule 32, Ala.R.Crim. P., petition for postconviction relief, in which he attacked his conviction for manslaughter, see § 13A-6-3, Ala.Code 1975, and the resulting sentence of 25 years' imprisonment.
On January 10, 2000, Brooks was indicted by the Montgomery County grand jury for the intentional murder of Mercury Coley. On October 19, 2000, Brooks pleaded guilty to the lesser-included offense of manslaughter and was sentenced on December 1, 2000, to 25 years' imprisonment. During his guilty-plea colloquy, Brooks admitted to having two prior felony convictions, and he was informed that he faced a minimum sentence of 15 years, based on the mandatory enhancement requirement under the Habitual Felony Offender Act. At the sentencing hearing, the State informed the court that Brooks had only one prior felony conviction. However, the State requested that Brooks's sentence be enhanced under the firearm enhancement provision of § 13A-5-6(a)(5), Ala.Code 1975, thus making Brooks's minimum sentence 20 years. The court then sentenced Brooks to 25 years' imprisonment. Brooks did not appeal the conviction.
On January 3, 2002, Brooks filed this Rule 32 petition, alleging (1) that his guilty plea was involuntary because, he says, he was misinformed that the minimum sentence he would receive was 15 years, when he was instructed at sentencing that he faced a minimum sentence of 20 years; (2) that his guilty plea was involuntary because his trial counsel did not notify him that he was pleading guilty to intentional, rather than reckless, manslaughter; and (3) that trial counsel's performance was deficient because counsel failed to object to the court's announcement of the incorrect minimum sentence, a violation of Rule 14.4(a)(1)(ii), Ala.R.Crim.P.
It is well-established precedent that the trial court must notify a defendant of the correct sentencing range when the defendant pleads guilty.
""
Kennedy v. State, 698 So.2d 1174, 1177 (Ala.Crim.App.1997) (quoting Aaron v. State, 673 So.2d 849, 849-50 (Ala.Crim.App.1995)(emphasis added in Kennedy)).
Furthermore, this Court has stated:
"...
To continue reading
Request your trial-
White v. State
...v. State, 870 So.2d 770, 772 (Ala.Crim.App.2003). See also Ragland v. State, 883 So.2d 730 (Ala.Crim.App. 2003); Brooks v. State, 854 So.2d 643 (Ala.Crim.App.2003); Handley v. State, 686 So.2d 540 (Ala.Crim.App.1996); Peoples v. State, 651 So.2d 1125 (Ala. Crim.App.1994); Broaden v. State, ......
-
Riley v. State
...v. State, 870 So.2d 770, 772 (Ala.Crim.App.2003). See also Ragland v. State, 883 So.2d 730 (Ala.Crim.App.2003); Brooks v. State, 854 So.2d 643 (Ala.Crim.App.2003); Handley v. State, 686 So.2d 540 (Ala.Crim.App.1996); Peoples v. State, 651 So.2d 1125 (Ala.Crim.App.1994); Broaden v. State, 64......
- State v. White
-
Clark v. State
...adequately advised of his rights so that he may make a voluntary and intelligent decision to enter such a plea."'" Brooks v. State, 854 So.2d 643, 645 (Ala.Crim.App.2003) (quoting Jones v. State, 727 So.2d 889, 891 (Ala.Crim.App. 1998), quoting in turn, Heard v. State, 687 So.2d 212, 213 (A......