141 So. 3d 510
Ala. Crim. App.2013Background
- Adams pleaded guilty in March 2012 to second-degree assault and first-degree robbery.
- Sentences: second-degree assault—10 years, split as 6 months imprisonment followed by 3 years probation; first-degree robbery—20 years, suspended, 5 years probation.
- Sentences run concurrently.
- In May 2012, Adams’s probation was revoked and he appealed.
- State concedes the first-degree robbery sentence should be remanded for reconsideration of revocation and the plea agreement.
- Court reverses the circuit court’s probation-revocation order and remands for resentencing and related determinations, noting potential impacts on plea voluntariness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the first-degree robbery sentence illegal, nullifying probation revocation authority? | Adams—sentence illegal; revocation void. | State—circuit court authority to revoke probation remains. | Yes; sentence illegal and revocation void; remand for resentencing. |
| Must Adams be resentenced and is plea voluntariness at issue? | Remand necessary; plea voluntariness unclear. | Remand appropriate; voluntariness may be affected. | Remand for resentencing and to address plea voluntariness. |
| Should the entire matter be remanded due to unclear plea bargain and connection between pleas? | Record unclear about plea-bargain scope. | Remand warranted to clarify circumstances. | Remand entire matter; address issues arising from the plea and voluntariness. |
Key Cases Cited
- Enfinger v. State, 123 So.3d 535 (Ala.Crim.App.2012) (illegal sentence limits authority to grant probation and review probation revocation)
- Scott v. State, So.3d -, - (Ala.Crim.App.2013) (Ala.Crim.App.2013) (proceedings remanded when sentence is illegal and affects probation)