Jackson v. State
Decision Date | 11 May 1990 |
Docket Number | 4 Div. 547 |
Citation | 565 So.2d 669 |
Parties | Ralph JACKSON, Jr. v. STATE. |
Court | Alabama Court of Criminal Appeals |
Albert Oscar Howard, Phenix City, for appellant.
Don Siegelman, Atty. Gen., and Cecil G. Brendle, Jr., Asst. Atty. Gen., for appellee.
This is an appeal from the denial of a petition for post-conviction relief.
In 1985, Ralph Jackson, Jr., pleaded guilty and was convicted of felony possession of marijuana (CC-85-61). That conviction was affirmed on appeal without opinion. Jackson v. State, 479 So.2d 85 (Ala.Cr.App.1985).
In 1986, Jackson filed a petition for writ of habeas corpus attacking that conviction. The denial of that petition was affirmed without opinion. Jackson v. State, 492 So.2d 672 (Ala.Cr.App.1986).
In 1987, Jackson filed a second petition for writ of habeas corpus attacking his conviction. The denial of that petition was also affirmed on appeal without opinion. Jackson v. State, 519 So.2d 1384 (Ala.Cr.App.1987).
Jackson also sought and was denied relief in federal court. See Jackson v. Doe, Civil No. 86-T-755-E, and Jackson v. Duncan, Civil No. 87-T-592-E ( ).
In July 1989, Jackson filed a petition for post-conviction relief under Rule 20, A.R.Cr.P.Temp., in which he alleged that his 1985 guilty plea was involuntary because he was not informed of the correct range of punishment and that his sentence under Alabama's Habitual Felony Offender Act violated Ex parte Chambers, 522 So.2d 313 (Ala.1987). In denying this petition, the circuit court entered the following order.
After affording Jackson the opportunity to withdraw his guilty plea, the circuit court set aside Jackson's sentence of ten years' imprisonment and sentenced him to eight years' imprisonment. The reason for this reduction in sentence is not stated in the record. This appeal is from the judgment denying the 1989 petition for post-conviction relief.
The record shows that, before the trial court accepted Jackson's guilty plea, the court advised Jackson of the minimum and maximum range of punishment under the Habitual Felony Offender Act for a Class C felony with two prior felony convictions (10 years to 99 years or life, Ala.Code 1975, §§ 13A-5-9(b)(1); 13A-5-6(a)(1)). However, at sentencing the State could prove only one prior felony conviction because the prosecution had not received the certified copy of the Colorado conviction. The prosecutor represented that he "was still trying" to obtain a copy of the Colorado conviction, and that, "at a later date ... may ... be able to prove two prior felonies." The prosecution did prove that Jackson had a prior felony conviction in Georgia for the possession of marijuana. At that time, the court advised Jackson of the minimum and maximum range of punishment under the Habitual Felony Offender Act for a Class C conviction with one prior felony conviction (2 to 20 years, §§ 13A-5-9(a)(1); 13A-5-6(a)(2)), and afforded Jackson the opportunity to withdraw his plea. A part of the plea bargain agreement was that another drug case against Jackson would be nol-prossed. Defense counsel advised Jackson that, even though the state could prove only one prior conviction, the negotiated plea would be a "fair and just agreement." At that time, Jackson elected not to withdraw his plea and chose to "enter into the plea of guilty." The ten-year sentence for which Jackson had bargained and to which he was sentenced was within the statutory range of punishment provided by both the Habitual Felony Offender Act and the Uniform Controlled Substances Act.
Jackson should have been sentenced under the provisions of Alabama's Uniform Controlled Substances Act and not under the provisions of the Habitual Felony Offender Act. Ex parte Chambers, 522 So.2d at 316. Jackson should have been advised that the minimum and maximum range of punishment was from 2 to 30 years' imprisonment pursuant to Ala.Code 1975, § 20-276(a), instead of being advised before the guilty plea was accepted that the range was 10 to 99 years or life and being advised at sentencing of a range of 2 to 20.
All the parties in this case have stated that the correct range of punishment was from 2 to 15 years' imprisonment. That was the proper range of punishment for a first-time drug offender in 1985. § 20-2-70(a). However, because Jackson had a 1982 Georgia felony conviction for possession of marijuana, he could have been sentenced to a maximum term of 30 years' imprisonment. "Any person convicted of a second or subsequent offense ... may be imprisoned for a term up to twice the term otherwise authorized." § 20-2-76(a). See Chambers, 522 So.2d at 315 ( )(emphasis in original).
The circuit court reasoned that since Jackson declined to withdraw his guilty plea upon being informed that the sentence was 2 to 15 years' imprisonment instead of 10 to 99 years or life, he would not have withdrawn his guilty plea if he had been informed that the sentence was from 2 to 20. Under this reasoning, we must conclude that Jackson would not have withdrawn his guilty plea had he been informed that the range of punishment was from 2 to 30 years' imprisonment.
In reaching the above conclusion, the circuit judge relied upon the memorandum opinion of the United States District Court for the Northern District of Alabama in Holman v. Jones, No. CV 87-A-2163-S, November 16, 1988. In pertinent part, that opinion is as follows:
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...See Pitts v. United States, 763 F.2d 197, 201 (6th Cir.1985); Williams v. Smith, 591 F.2d 169 (1979)." ' "Jackson v. State, 565 So.2d 669, 671 (Ala.Cr.App.1990) (quoting Holman v. Jones, No. CV-87-A-2163-S (N.D.Ala., Nov. 16, 1988)) (emphasis added [in Lochli ] ). See also Williams v. Smith......
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...See Pitts v. United States, 763 F.2d 197, 201 (6th Cir.1985); Williams v. Smith, 591 F.2d 169 ( [2nd Cir.] 1979)." ' "Jackson v. State, 565 So.2d 669, 671 (Ala.Cr.App.1990) (quoting Holman v. Jones, No. CV-87-A-2163-S (N.D.Ala. Nov. 16, 1988)) (emphasis Lochli v. State, 565 So.2d 294, 297 (......
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...See Pitts v. United States, 763 F.2d 197, 201 (6th Cir.1985); Williams v. Smith, 591 F.2d 169 (1979).' " Jackson v. State, 565 So.2d 669, 671 (Ala.Cr.App.1990) (quoting Holman v. Jones, No. CV-87-A-2163-S (N.D.Ala., Nov. 16, 1988)) (emphasis added). See also Williams v. Smith, 591 F.2d 169,......
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