Ex parte Vinson
Decision Date | 18 September 1992 |
Citation | 615 So.2d 655 |
Parties | Ex parte Cecil VINSON. (Re Cecil Monroe Vinson v. State). 1901430. |
Court | Alabama Supreme Court |
Raymond Johnson, Montgomery, for petitioner.
James H. Evans, Atty. Gen., and Frances H. Smith, Asst. Atty. Gen., for respondent.
We granted Cecil Vinson's petition for certiorari review of the validity of court costs of $4,527.44 assessed against him as an incident to his pretrial incarceration on a charge of receiving stolen property. On May 9, 1990, the defendant pleaded guilty to the charge of receiving stolen property in the first degree. Subsequently, he was sentenced to imprisonment for a term of 20 years, minus 18 months "jail credit earned" during pretrial incarceration for the offense. Additionally, the trial court assessed the $4,527.44, which the State contends represented a recoupment of expenses authorized by Ala.Code 1975, § 14-6-22, for medical care received by the defendant during his incarceration.
The defendant appealed, contesting, inter alia, the validity of the $4,527.44 assessment. The Court of Criminal Appeals, holding that the defendant's "contentions" were "procedurally barred because they were not presented to the trial court" in a post-conviction motion, affirmed the judgment of the trial court. We reverse and remand.
Section 14-6-22 in pertinent part provides:
(Emphasis added.)
Because § 14-6-22 authorizes recoupment of medical expenses only from convicted misdemeanants, the recoupment order arising out of Vinson's pretrial detention on felony charges is unauthorized by the statute, and is, therefore, void on its face. "[W]hen a sentence is clearly illegal or...
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Vinson v. State, CR-89-994
...AFTER REMAND FROM THE ALABAMA SUPREME COURT PATTERSON, Presiding Judge. Pursuant to the Alabama Supreme Court's opinion in Ex parte Vinson, 615 So.2d 655 (Ala.1992), this cause is remanded to the trial court for resentencing in accordance with that opinion. The trial court shall take all ne......