Ex parte Peoples, 84-1264
| Decision Date | 07 March 1986 |
| Docket Number | No. 84-1264,84-1264 |
| Citation | 488 So.2d 815 |
| Parties | Ex parte Harry PEOPLES. (Re Harry Peoples v. State of Alabama). |
| Court | Alabama Supreme Court |
Robert B. Reneau, of Reneau & Reneau, Wetumpka, for petitioner.
Charles A. Graddick, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for respondent.
On November 21, 1984, Harry Peoples filed a petition for a writ of habeas corpus in the Circuit Court of Elmore County, contending that he is entitled to jail credit for the time he spent in the Montgomery County Jail while his murder conviction was on appeal. During this time, the Circuit Court of Montgomery County had suspended the execution of his sentence.
On January 18, 1985, the Circuit Court of Elmore County dismissed Peoples's petition, without a hearing. Peoples appealed, and, on July 2, 1985, the Court of Criminal Appeals affirmed the judgment, without an opinion, 479 So.2d 87 (Ala.Cr.App.1985).
Peoples then petitioned this Court to issue a writ of certiorari to the Court of Criminal Appeals. Pursuant to Rule 39(k), Ala.R.App.P., Peoples requested that the Court of Criminal Appeals adopt the following statement of facts:
Everyone agrees that Peoples was improperly sentenced to 20 years initially and that, on remand, the trial court properly sentenced him to life imprisonment.
Peoples claims that he is entitled to credit for the time he served while the initial improper 20-year sentence was on appeal. He cites Crowden v. Bowen, 734 F.2d 641 (11th Cir.1984), in support of his position that to deny him, an alleged indigent, credit for time served in jail because he could not make bond pending his appeal, would deny him equal protection of the law. The State argues that he is not entitled to credit because the time he was in jail pending his appeal was served in connection with an improper sentence, and that had he been properly sentenced in the first instance, he would...
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Swicegood v. State
...grant of probation does not reduce a sentence, but rather, the original sentence, which was suspended, remains the same); Ex parte Peoples, 488 So.2d 815 (Ala.1986) (petitioner entitled to credit for the time spent in jail while he was appealing his 20-year sentence if court is convinced of......
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Peoples v. State, 5 Div. 984
...in jail because he could not make bond pending his appeal due to his indigency, would deny him equal protection of the law. Peoples v. State, 488 So.2d 815 (Ala.1986). The Supreme Court reversed and remanded the case to this court with instructions that we "(1) remand the cause to the circu......