Benn v. State, 211 So. 3d 857

Marcus Benn was convicted of seven capital-murder counts for killing three victims; jury recommended death 10–2.
The circuit court held a judicial-sentencing hearing on Dec. 10, 2014 but expressly declined to pronounce sentences in open court, stating it would issue a written sentencing order later.
On Jan. 29, 2015 the court issued a written sentencing order imposing death; Benn appealed on Mar. 9, 2015.
Benn contended this Court lacks jurisdiction because no judgment of conviction was entered: the court never pronounced sentence in open court.
The State argued the written sentencing order sufficed to enter judgment; the Court rejected that view as inconsistent with Alabama Supreme Court precedent.
The Court dismissed the appeal for lack of jurisdiction, noting the case remains pending in circuit court awaiting entry of judgments of conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate court has jurisdiction when trial court issues written sentence but did not pronounce sentence in open court	Benn: Judgment of conviction requires both adjudication of guilt and pronouncement of sentence in open court; without pronouncement appeal is not ripe	State: Written sentencing order constitutes entry of sentence and supports judgment of conviction	Court: No jurisdiction — pronouncement in open court is required; written order alone insufficient

Ex parte Walker, 152 So.3d 1247 (Ala. 2014) (defines judgment of conviction to include pronouncement of sentence)
Ex parte Eason, 929 So.2d 992 (Ala. 2005) (appeals lie only from a judgment of conviction)
Thornton v. State, 390 So.2d 1093 (Ala. Crim. App. 1980) (appeal must be from judgment of conviction)
King v. State, 862 So.2d 677 (Ala. Crim. App. 2003) (discussing meaning of "pronounce")
Hill v. State, 733 So.2d 937 (Ala. Crim. App. 1998) (defining "utter" and pronouncement context)
Vanpelt v. State, 74 So.3d 32 (Ala. Crim. App. 2009) (appellate courts are bound by Alabama Supreme Court decisions)