Robinson v. State
Decision Date | 11 September 1998 |
Citation | 730 So.2d 252 |
Parties | Willie ROBINSON, Sr. v. STATE. |
Court | Alabama Court of Criminal Appeals |
Paul R. Cooper, Montgomery, for appellant.
Bill Pryor, atty. gen., and G. Ward Beeson III, asst. atty. gen., for appellee.
Alabama Supreme Court 1980183.
The appellant, Willie Robinson, Sr., was indicted for two counts of first-degree sexual abuse, § 13A-6-66, Ala.Code 1975. On October 23, 1997, he pled guilty to one count and the State nol-prossed the other count. The trial court sentenced him to imprisonment for four years, but suspended the sentence and placed him on supervised probation for four years. The trial court conditioned his probation upon him first serving nine months in the sheriff's custody, with the stipulation that he would be released during his normal work hours to allow him to maintain his employment. The appellant subsequently filed a motion to withdraw his guilty plea, which the trial court denied after a hearing. This appeal followed.
The appellant argues that his guilty plea was involuntary because the trial court did not inform him of the correct range of punishment. In essence, he argues that the trial court's failure to inform him of the application and effects of the Community Notification Act, §§ 15-20-21 to 15-20-24, Ala.Code 1975, rendered his guilty plea involuntary.
In his written motion to withdraw his guilty plea, the appellant stated that he wanted to withdraw his guilty plea because he was allegedly innocent. During the hearing on the motion, the appellant stated that he wanted to withdraw his guilty plea because he did not want to register as a sex offender. He did not raise the issue of voluntariness of his guilty plea to the trial court. "The statement of specific grounds of objection waives all grounds not specified, and the trial court will not be put in error on grounds not assigned at trial." Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). "`[C]laims relating to the voluntariness of guilty pleas must first be presented to the trial court or they are waived on direct appeal.'" Danzey v. State, 703 So.2d 1019, 1019 (Ala.Cr.App. 1997), quoting Anderson v. State, 668 So.2d 159, 162 (Ala.Cr.App.1995). Therefore, the appellant did not preserve this issue for review. Bagley v. State, 681 So.2d 262, 263-64 (Ala.Cr.App.1995).
Even if the appellant had preserved this issue for review, we would decide it adversely to him.
United States v. Del Rosario, 902 F.2d 55, 59 (C.A.D.C. Cir.), cert. denied, 498 U.S. 942, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990) (citations omitted). See also Polk v. State, 405 So.2d 758, 761-62 (Fla.Dist.Ct.App.1981)
(. ) "`The distinction between direct and collateral consequences of a plea "turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant's punishment."'" State v. Ward, 123 Wash.2d 488, 869 P.2d 1062, 1075 (1994) (citations omitted) (emphasis added). Registration and community notification requirements for sex offenders do not constitute punishment. See Commonwealth v. Gaffney, 702 A.2d 565 (Pa.Super.Ct.1997); Doe v. Poritz, 142 N.J. 1, 662 A.2d 367 (N.J.1995); Ward, supra ( ). Because the registration and notification requirements are not punishment, they are collateral consequences of the appellant's guilty plea. See Roe v. Farwell, 999 F.Supp. 174 (D.Mass.1998); State v. Young, 112 Ariz. 361, 542 P.2d 20 (1975); Collie v. State, 710 So.2d 1000 (Fla. Dist.Ct.App.1998); Benitez v. State, 667 So.2d 476 (Fla.Dist.Ct.App.1996); People v. Murphy, 207 Ill.App.3d 539, 152 Ill.Dec. 441, 565 N.E.2d 1359 (4 Dist.1991); Ward, supra; and State v. Clark, 75 Wash.App. 827, 880 P.2d 562 (Div. 1 1994) ( ). Therefore, during the plea colloquy, the trial court was not required to advise the appellant of the application and effects of the Community Notification Act before the entry of his guilty plea.
The appellant also argues that his guilty plea was involuntary because the trial court did not comply with the requirements of Rule 14.4, Ala. R.Crim. P., during his guilty-plea colloquy. Because he did not first present this argument to the trial court, he did not preserve it for review. Bagley, 681 So.2d at 263-64.
Finally, the appellant argues that the trial court abused its discretion in denying his motion to withdraw his guilty plea.
""
Reed v. State, 691 So.2d 463, 464 (Ala.Cr. App.1996), quoting Alford v. State, 651 So.2d 1109, 1112 (Ala.Cr.App.1994). At the hearing on his motion to withdraw his guilty plea, the appellant stated:
(R. 13). He also stated that he pled guilty because he did "not [want] to go to jail and stuff and the way [defense counsel] explained it to me sounded pretty good about parole and counseling." (R. 12). The appellant claimed in his motion to withdraw his guilty plea that he was...
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