Jones v. State, CR-91-1461
| Decision Date | 30 December 1992 |
| Docket Number | CR-91-1461 |
| Citation | 624 So.2d 676 |
| Parties | Reginald JONES v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Reginald Jones, pro se.
James H. Evans, Atty. Gen., and Stephen Dodd, Asst. Atty. Gen., for appellee.
Reginald Jones was indicted for murder; he pleaded guilty, pursuant to a plea agreement, to the lesser-included offense of manslaughter; and he was sentenced to 16 years' imprisonment. He did not appeal. On January 15, 1992, he filed a petition for relief from his conviction and sentence pursuant to A.R.Crim.P. 32. He alleges in his petition that he and his trial counsel plea bargained for a 5-year sentence in exchange for his guilty plea and that, even though the trial court advised him that the minimum and maximum sentence for a manslaughter conviction was from 1 year and 1 day to 10 years, the trial court sentenced him to 16 years. He also alleges that the trial court advised him incorrectly as to the minimum and maximum sentence he faced upon pleading guilty and that his counsel was ineffective for failing to properly represent him during the guilty-plea proceedings. He argues that his plea was entered involuntarily and without a full knowledge of the nature of the charge and the consequences of the plea.
At a hearing on Jones's petition, the trial court advised Jones that it had incorrectly advised him at the prior guilty-plea proceeding of the minimum and maximum sentence he could receive (1 year and 1 day to 10 years). We agree. The court should have instructed Jones that the minimum sentence he could receive was 10 years and the maximum 20 years. §§ 13A-6-3; 13A-5-6(a)(3); and 13A-5-6(a)(5).
The trial court granted the petition as to the sentence, but not as to the conviction. The court stated that it was willing to resentence Jones to 15 years' imprisonment, if it was agreeable to the parties. After a brief consultation with his counsel, Jones agreed, and the trial court resentenced him to 15 years. For a better understanding of what occurred, we quote from the record, in pertinent part, as follows:
The state contends that the ruling of the trial court which resulted in Jones's original sentence of 16 years being set aside and a new 15-year sentence being entered was favorable to Jones and, therefore, there is no adverse ruling from which an appeal could be taken. We do not agree. True, the petition was granted in part, but...
To continue reading
Request your trial
-
White v. State
...Peoples v. State, 651 So.2d 1125 (Ala. Crim.App.1994); Broaden v. State, 645 So.2d 368 (Ala.Crim.App.1994); and Jones v. State, 624 So.2d 676 (Ala.Crim. App.1992)." Riley v. State, 892 So.2d 471, 474-75 (Ala. Rule 14.4, Ala.R.Crim.P., provides, in pertinent part: "(a) Colloquy With Defendan......
-
Riley v. State
...Peoples v. State, 651 So.2d 1125 (Ala.Crim.App.1994); Broaden v. State, 645 So.2d 368 (Ala.Crim.App.1994); and Jones v. State, 624 So.2d 676 (Ala.Crim.App.1992). In this case, Riley was not properly informed when he entered his guilty plea of the minimum and maximum sentence he could receiv......
-
Schartau v. State
...Peoples v. State, 651 So.2d 1125 (Ala.Crim. App.1994); Broaden v. State, 645 So.2d 368 (Ala.Crim.App.1994); and Jones v. State, 624 So.2d 676 (Ala.Crim.App.1992). Moreover, "[i]t is well settled that `a misrepresentation by a defendant's counsel, if material, may render a guilty plea involu......
-
Gordon v. State, CR-94-1429
...plea was not knowingly, voluntarily, and intelligently entered and the judgment of the trial court must be reversed. Jones v. State, 624 So.2d 676 (Ala.Cr.App.1992); White v. State, 616 So.2d 399 (Ala.Cr.App.1993). Because we are reversing the judgment on this issue, we need not address the......