McGowan v. State
Decision Date | 09 July 2021 |
Docket Number | CR-18-0173 |
Citation | 346 So.3d 20 |
Parties | Walter MCGOWAN v. STATE of Alabama |
Court | Alabama Court of Criminal Appeals |
Sammie D. Shaw, Birmingham, for appellant.
Steve Marshall, att'y gen., and Beth Slate Poe, asst. att'y gen., for appellee.
On Remand from the Alabama Supreme Court
Walter McGowan appealed from an order revoking his split sentences. On December 18, 2017, McGowan pleaded guilty to first-degree burglary, see § 13A-7-5, Ala. Code 1975; first-degree robbery, see § 13A-8-41, Ala. Code 1975; second-degree assault, see § 13A-6-21, Ala. Code 1975; obstruction of justice, see § 13A-8-194, Ala. Code 1975; and third-degree escape, see § 13A-10-33, Ala. Code 1975. For each conviction, the Jefferson Circuit Court sentenced McGowan, who is a habitual felony offender, pursuant to the voluntary-sentencing guidelines to 15 years in prison; those sentences, however, were split, and McGowan was sentenced to serve 5 years in prison, followed by 2 years on probation for each conviction.
On original submission, this Court held that McGowan's sentences were illegal because the confinement portions of McGowan's split sentences did not comply with the applicable version of § 15-18-8, Ala. Code 1975. McGowan v. State, 346 So.3d 1 (Ala. Crim. App. 2019). This Court further held that McGowan's challenge to his sentences was rendered moot because the illegality in McGowan's sentences was remedied by the circuit court's revocation of his probation. McGowan, 346 So.3d at 4.
Ex parte McGowan, 346 So.3d at 15. Consequently, the order revoking McGowan's probation is void and must be vacated. Id. at 15. Because a void order or judgment will not support an appeal, McGowan's appeal must be dismissed. See Gallagher Bassett Servs., Inc. v. Phillips, 991 So. 2d 697, 701 (Ala. 2008) (citing Greene v. Town of Cedar Bluff, 965 So. 2d 773, 779 (Ala. 2007) ).1
APPEAL DISMISSED.
1 In dismissing this appeal, this Court notes that ‘ ’ " Id. ( ).
Further, if McGowan's sentence was the product of a negotiated guilty plea, Ex parte McGowan instructs that resentencing McGowan could affect the voluntariness of his guilty plea. Ex parte McGowan, 346 So.3d at 9.
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