Kelly v. State, 3 Div. 333
Decision Date | 05 March 1968 |
Docket Number | 3 Div. 333 |
Citation | 44 Ala.App. 307,208 So.2d 217 |
Parties | Robert Lee KELLY v. STATE. |
Court | Alabama Court of Appeals |
W. Mark Anderson, III, Hare & Anderson, Montgomery, for appellant.
MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.
This is a direct appeal from a judgment based on a plea of guilty to escape from the penitentiary. Code 1940, T. 14, § 153, as amended, reads:
Thus Kelly could have been sentenced to as little as twelve months (or certainly one year and a day) more in the penitentiary. 1 Or he could have been sentenced to a longer term up to and including life.
The judgment entry reads:
'This day came the State by its Solicitor and came also the defendant in his own proper person and by his court appointed attorney, JOHN B. HILL, and the said defendant having heretofore been duly arraigned upon the indictment for his plea thereto pleaded not guilty. And this being the date set for the trial of this cause, the defendant in open Court withdraws his plea of not guilty and pleads guilty as charged in the indictment.
2
Also there is a transcription by the court reporter:
We hold that on the instant record the trial judge ignored the mandate of Code 1940, T. 15, § 276, which reads:
There is a patent conflict between the judgment entry and the colloquy recorded by the court reporter. The entry of a guilty plea at most could be implied from counsel's language. Certainly there is no express plea shown by the court reporter.
In Boyd v. State, 41 Ala.App. 507, 138 So.2d 60, this court noted:
Necessarily, it follows that there can be no plea of guilty to a felony indictment unless made by the prisoner himself.
Moreover, there is a due process question. Garland v. State of...
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Alexander v. State, 8 Div. 81
...No, sir." These alleged statements by the trial judge would constitute coercion and thus require reversal if true. Kelly v. State, 44 Ala.App. 307, 208 So.2d 217 (1968); Weaver v. State, 44 Ala.App. 268, 207 So.2d 134 (1968). However, appellant's attorney testified that no such statements w......
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Jacques v. State
...stated in § 13-5-65 is a "term up to and including life." Weaver v. State, 44 Ala.App. 268, 207 So.2d 134 (1968); Kelly v. State, 44 Ala.App. 307, 208 So.2d 217 (1968). It is to be noted that the new criminal code, Code of Alabama 1975, Title 13A, effective as to crimes committed after Janu......
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Behel v. State, 8 Div. 285
...months more in the penitentiary. Or he could have been sentenced to a longer term up to and including life." See also, Kelly v. State, 44 Ala.App. 307, 208 So.2d 217. In Lee v. State, 37 Ala.App. 321, 69 So.2d 467, this court held that it is "the prerogative of the trial court to assess suc......
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Goodman v. State, 3 Div. 389
... ... Code 1940, T. 15, § 276. See Boyd v. State, 41 Ala.App. 507, 138 So.2d 60; Kelly v. State, 44 Ala.App. 307, 208 So.2d 217 ... We have decided this case without reference to Boykin v. Ala., 395 U.S. 238, 89 S.Ct ... ...