Patterson v. State
| Decision Date | 19 April 1966 |
| Docket Number | 4 Div. 563 |
| Citation | 185 So.2d 527,43 Ala.App. 190 |
| Parties | James PATTERSON v. STATE. |
| Court | Alabama Court of Appeals |
James Patterson, pro se.
Richmond M. Flowers, Atty. Gen., and Julian S. Pinkston, Asst. Atty. Gen., for the State.
This appeal was submitted March 24, 1966.
Patterson stands convicted on a plea of guilty of forgery for which the trial judge sentenced him to four years imprisonment.
Judgment of conviction was entered October 28, 1965. No motion for new trial (or to vacate) was filed.
Thereafter, January 15, 1966, Patterson, then in Kilby Prison, filed a notice of appeal to which he appended:
'Stay of execution of judgment--bail demanded pending appeal.'
Criminal appeals are mainly controlled by Code 1940, T. 15, § 368, which, in effect, provides for a stay of execution (i. e., suspension of judgment) only if the appeal is noted by '(a)n entry of record * * * to be taken at the time of judgment rendered; * * *.'
Under Code 1940, T. 13, § 119, save for a motion for new trial timely filed, presented, and ordered set down for future hearing, the trial court loses power over a judgment (in Houston County where Hon. Keener Baxley resides), 'after the lapse of thirty days' from the judgment date.
Patently, January 15, 1966, was beyond the time specified in § 119, supra.
Even if we were to concede, arguendo, that a proper motion for new trial under § 119, supra, suspended judgment under the proviso in § 368 of T. 15, such concession would be academic here. This because the appellant has neither filed under § 119 nor noted his appeal at judgment being pronounced.
The time for the election by the defendant to have the execution of sentence suspended is at the time of sentence and not afterward, * * *'. Ex parte State ex rel. Coburn, 20 Ala.App. 595, 104 So. 346. See Ex parte Loyd, 275 Ala. 416, 155 So.2d 519 (hn. 4) for an example of what is required by way of entry to constitute an appeal.
The statute admitting convicted felons to bail pending appeal in case of a sentence not exceeding twenty years clearly applies only when any question of law is reserved and requires an order of court suspending execution at the time of rendering judgment. White v. State, 134 Ala. 197, 32 So. 320. Code 1940, T. 15, § 372. But see Ex parte Mancil, 217 Ala. 486, 116 So. 908.
In White, supra, it was held that without such an order White, after conviction, was required to enter the penitentiary and the sheriff had no right to detain White therefrom.
We have written of this question because of Patterson's filing with us a subsequent motion to be admitted to bail pending appeal.
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Cowart v. State
...so as to have sentence suspended under Code 1940, T. 15, § 368(a). Ex parte Downer, 44 Ala.App. 77, 203 So.2d 132; Patterson v. State, 43 Ala.App. 190, 185 So.2d 527. If Cowart was not so represented and had not intelligently and knowingly waived his right to counsel at the time of impositi......
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State v. Herring, CR-05-1201.
...while preserving the public welfare." 9. The circuit court did not stay execution of Herring's sentence. See Patterson v. State, 43 Ala.App. 190, 185 So.2d 527 (1966). 10. I believe the Alabama Supreme Court intended that a trial judge have jurisdiction to entertain a request for bail at an......
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Wade v. State
...be given if, at sentencing, the convict gives notice of appeal and asks for suspension of execution of his sentence. Patterson v. State, 43 Ala.App. 190, 185 So.2d 527. Apparently appellant was formerly enlarged in the Circuit Court on bond, but is now in the custody of the Sheriff of Bibb ......
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Ex parte Pace
...Code 1940, T. 15, § 368(a), suspension of sentence on appeal must be 'taken at the time of judgment rendered.' See Patterson v. State, 43 Ala.App. 190, 185 So.2d 527; Ex parte Gray, 44 Ala.App. 77, 203 So.2d 132; and Ex parte Downer, 44 Ala.App. 77, 203 So.2d 132. The exception stated in Ex......