Davis v. State
Decision Date | 12 October 1990 |
Citation | 571 So.2d 1287 |
Parties | Lucious James DAVIS v. STATE. CR 89-805. |
Court | Alabama Court of Criminal Appeals |
Lucious James Davis, pro se.
Don Siegelman, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.
In June 1986, Lucious James Davis pleaded guilty and was convicted of a violation of the Alabama Uniform Controlled Substances Act. His 15-year sentence was suspended, and he was placed on five years' probation. That probation was revoked in July 1988. In April 1990, Davis filed a petition for post-conviction relief, alleging that he had been improperly sentenced as a habitual felony offender. See Ex parte Brannon, 547 So.2d 68 (Ala.1989); Ex parte Chambers, 522 So.2d 313 (Ala.1987). The circuit court summarily dismissed the petition "pursuant to Rule 20.2(c)." This appeal is from that dismissal.
The circuit court improperly dismissed the petition. Rule 20.2(c), A.R.Crim.P.Temp., sets forth a two-year period in which petitions for post-conviction relief must be filed. That period of limitations applies only to the grounds specified in RULE 20.1(A) , AND (F)1, (E) 2 3. Rule 20.2(c) provides in pertinent part:
(Emphasis added.)
The ground stated in Rule 20.1(c), i.e., "[t]he sentence imposed exceeds the maximum authorized by law, or is otherwise not authorized by law," is not subject to the two-year period of limitations of Rule 20.2(c) under the very language of Rule 20.2(c) itself.
The case action summary of the proceedings on Davis's guilty plea and on his petition for post-conviction relief are contained in the record on appeal. The judgment entry of June 9, 1986, shows that Davis was sentenced to 15 years' imprisonment. Beside that printed entry is the handwritten entry of the sentencing judge, which states: "Defendant has 4 prior felony convictions Habitual Offender" (sic).
A defendant's sentence is determined by the law in effect at the time of the commission of the offense. See Bracewell v. State, 401 So.2d 123, 124 (Ala.1979), cert. denied, 401 So.2d 130 (Ala.1980); Taylor v. City of Decatur, 465 So.2d 479, 481 (Ala.Cr.App.1984). In 1986, the sentence for felony possession of cocaine and marijuana was imprisonment for not less than two nor more than 15 years. Ala.Code 1975, § 20-2-70(a). Under Brannon, supra, and Chambers, supra, Davis should not have been sentenced as a habitual offender, because he was convicted under the Uniform Controlled Substances Act, which had its own recidivist provisions. However, if Davis had been subject to the provisions of Alabama's Habitual Felony Offender Act, he would have been "punished by imprisonment for life or for any term not more than 99 years but not less than 15 years." Ala.Code 1975, § 13A-5-9(c)(1). See § 13A-5-4(a) ()....
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