Peoples v. State
Decision Date | 29 July 1994 |
Citation | 651 So.2d 1125 |
Parties | Frank Edward PEOPLES v. STATE. CR 93-1027. |
Court | Alabama Court of Criminal Appeals |
James Byrd, Mobile, for appellant.
James H. Evans, Atty. Gen., and Lisa Gunter, Asst. Atty. Gen., for appellee.
Frank Edward Peoples, the appellant, pleaded guilty to, and was convicted of, the unlawful possession of cocaine. He was fined $5,000 and was sentenced to 10 years' imprisonment. On this direct appeal of that conviction, he contends that his guilty plea was invalid because 1) he was not advised of his right to plead not guilty due to mental disease or defect and that the State had the burden of proving his guilt beyond a reasonable doubt, 2) because he was not advised of the range of punishment, and 3) because there was no factual basis established for the acceptance of the guilty plea.
Nowhere in the record is there any evidence that the appellant was advised of the minimum and maximum punishment. The "motion to enter a guilty plea" form is incomplete and the portion of the form stating the range of punishment is blank. C.R. 35. The range of punishment was not mentioned during the guilty plea colloquy. The Attorney General candidly admits that "there is no indication in the record that the Appellant was told of the possible minimum or maximum sentence." Appellee's brief at 11.
One judge adjudicated the appellant guilty and another judge sentenced him. The failure to inform the appellant of the range of sentence was raised at the time of sentencing in the form of an objection by defense counsel, calling the sentencing judge's attention to the fact that the "Ireland form" 1 was silent on the range of punishment. The prosecution remained silent in response to defense counsel's objection. However, without making any inquiry, the sentencing judge concluded:
No motion to correct the record has been filed and there is no indication that any portion of the guilty plea proceedings is absent from the record.
It is undisputed that "the failure to inform a criminal defendant of the minimum and maximum sentencing possibilities constitutes a defect in the guilty plea that goes to the voluntariness of the plea and subjects it to a collateral challenge under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969)." Bennett v. State, 649 So.2d 214, 215 (Ala.1994) (footnote omitted). "Since Carter v. State, [291 Ala. 83, 277 So.2d 896 (1973) ], this Court and the Court of Criminal Appeals have consistently held that a defendant must be informed of the maximum and minimum possible sentences as an absolute constitutional prerequisite to the acceptance of a guilty plea." Ex Parte Rivers, 597 So.2d 1308, 1309 (Ala.1991). In Gordon v. Nagle, 647 So.2d 91, 93-95 (Ala.1994), the Alabama Supreme Court stated:
To continue reading
Request your trial-
White v. State
...2003); Brooks v. State, 854 So.2d 643 (Ala.Crim.App.2003); Handley v. State, 686 So.2d 540 (Ala.Crim.App.1996); 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. Riley v. State, 892 So.2d ......
-
Riley v. State
...Brooks v. State, 854 So.2d 643 (Ala.Crim.App.2003); Handley v. State, 686 So.2d 540 (Ala.Crim.App.1996); 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 In this case, Riley was not properly informed......
-
Schartau v. State
...See, e.g., Brooks v. State, 854 So.2d 643 (Ala.Crim.App.2003); Handley v. State, 686 So.2d 540 (Ala.Crim.App.1996); 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, "[......
-
Jones v. State
...as to ensure that the entry of a guilty plea is a voluntary and intelligent decision." 687 So.2d at 213; see also Peoples v. State, 651 So.2d 1125, 1126-27 (Ala.Cr.App.1994). The state argues that the record does not adequately establish that the appellant was informed of the incorrect sent......