Hall v. State
| Citation | 228 So.2d 863,45 Ala.App. 252 |
| Decision Date | 25 November 1969 |
| Docket Number | 7 Div. 27 |
| Parties | Ernest HALL, alias v. STATE. |
| Court | Alabama Court of Criminal Appeals |
No attorney for appellant.
MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.
On application for rehearing, the earlier opinion of the Court is withdrawn.
This is a direct appeal from the Calhoun County Circuit Court from a judgment of conviction based upon the defendant's pleading guilty to an indictment charging him, in Count 1, with grand larceny. In consequence of his plea, the trial judge accepted the recommendation of the District Attorney, and the agreement with defendant and his counsel, and sentenced Hall to one year and one day in the penitentiary.
This judgment was entered May 20, 1969. The minute entry reads:
'This the 20th day of May, 1969.
'Came the Defendant, Ernest Hall alias Ernest Green, in open Court in his own proper person and with his Attorney, Honorable Donald W. Stewart, and also came Honorable R. Clarence Williams, District Attorney of the Seventh Judicial Circuit, who prosecutes for the State of Alabama, and this case being duly set and called for trial during this present session and a Jury being duly selected, empaneled and sworn to try said case:
'Whereupon, said Defendant now in open Court, while accompanied by said Attorney, with leave of Court first obtained and State of Alabama by and through said District Attorney consenting thereto, withdraws his former plea of Not Guilty and hereby pleads guilty to Grand Larceny as charged in Count One (1) of the Indictment in this case.
'In accordance with said plea of Guilty, it is therefore considered and adjudged by the Court that Ernest Hall alias Ernest Green is guilty of feloniously taking and carrying away one thousand five hundred and no/100 ($1,500.00) Dollars, the personal property of A. F. Smith as charged in Count One (1) of the Indictment in this case.
'Said Defendant now in open Court with his said Attorney, and being asked by the Court if he had anything to say why the sentence of the Law should not now be pronounced upon him says 'No.'
'Thereupon, for punishment therefor, as agreed upon between said Defendant, his said Attorney and the said District Attorney and recommended by the State of Alabama, after consideration thereof by te Court, it is therefore considered, ordered and adjudged by the Court that Ernest Hall alias Ernest Green be and he is hereby sentenced to imprisonment in the penitentiary of the State of Alabama for a term of One (1) year and One (1) day.
'And before passing said sentence the Court proceeded to ascertain by examination of said Defendant and other evidence that he was by trade or occupation a common Laborer, and that he is of the negro race, male sex, is about thirty-eight (38) years of age and his physical condition is fair (and 'he has only one leg and that he has Epilepy'.)
'Said Defendant now in open Court, while accompanied by his said Attorney hereby makes oral application for probation and the Court hereby takes same under advisement and hereby suspends said sentence pending said application and, further, hereby releases said Defendant on his same Appearance Bond until June 17, 1969.
'It is further considered, ordered and adjudged by the Court that the Jury which had been duly struck, empaneled and sworn to try this case be and said Jury is hereby discharged in this case.'
On June 2, 1969, the Supreme Court of the United States reversed Boykin v. State, 281 Ala. 659, 207 So.2d 412.
Because the opinion in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, rested upon apparent constitutional rights, two judges of this Court at first were inclined to consider that the opinion therein was retrospective. See Alexander v. State, Miss., 226 So.2d 905. However, after studying Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16, we are now unanimous in considering that Boykin is to be applied, at the most, prospectively. See Commonwealth v. Godfrey, 434 Pa. 532, 254 A.2d 923; Child v. State, Me., 253 A.2d 691; Montanye v. State, 7 Md.App. 627, 256 A.2d 706; State v. Griswold, 105 Ariz. 1, 457 P.2d 331.
Boykin v. Alabama, supra, lays down strict and detailed rules as to the so-called on-the-record examination of a defendant who pleads guilty. See Ware v. State, 44 Ala.App. 679, 219 So.2d 910 and Champion v. State, 45 Ala.App. 188, 227...
To continue reading
Request your trial
-
State ex rel. LeBlanc v. Henderson
...471 S.W.2d 346 (1971); Grass v. State, Me., 263 A.2d 63 (1970); State v. Elledge, 81 N.M. 18, 462 P.2d 152 (1969); Hall v. State, 45 Ala.App. 252, 228 So.2d 863 (1969). We find no theory in Boykin that criminal convictions are built upon a piece of paper that must be inked simultaneously wi......
-
State v. Johnson
...the decisions and submit the following justify and warrant a reversal of State ex rel. Jackson v. Henderson. Thus in Hall v. State, 45 Ala.App. 252, 228 So.2d 863 (1969), the Alabama Court declared that Boykin v. Alabama imposed this standard on State courts: '. . . there must be record evi......
-
Perry v. Crouse
...United States ex rel. Beecham v. Rundle, 306 F.Supp. 904 (E. D.Pa.); Ernst v. State, 43 Wis.2d 661, 170 N.W.2d 713; Hall v. State, 228 So.2d 863 (Ala.Cr.App.); Selph v. Vernon, 254 La. 1095, 229 So.2d 111 (Concurring opinion by Barham, J., suggesting that Boykin be given prospective applica......
-
Flood v. State, 56269
...and file as a part of the permanent record of the case all the proceedings had at the time the plea is entered.6 Alabama: Hall v. State, 45 Ala.App. 252, 228 So.2d 863; Arizona: State v. Griswold, 105 Ariz. 1, 457 P.2d 331; California: In re Tahl, 1 Cal.3d 122, 460 P.2d 449; Colorado: Ward ......