Jones v. State
104 So. 3d 296
Ala. Crim. App.2012Background
- Jones timely filed a pro se Rule 32, Ala. R.Crim. P. petition seeking postconviction relief from his April 2010 murder conviction and 111-year HFO sentence.
- Direct appeal was dismissed; certificate of judgment issued August 25, 2010.
- On appeal, Jones asserted (1) improperly admitted statement, (2) defense counsel prevented testimony, and (3) illegal sentence.
- He failed to cite authorities for (1) and (2); thus those claims were deemed waived under Rule 28(a).
- Jones argued the sentence should follow the voluntary sentencing standards in § 12-25-30 et seq.; the court held those standards were not mandatory and not reviewable on appeal.
- On remand (October 24, 2011), the circuit court set aside the 2010 sentence and resentenced Jones under the Habitual Felony Offender Act to life without parole; the circuit court complied, and this Court affirmed the result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of claims (1) and (2) for lack of authorities | Jones contends his admission and testimony- denial claims survive | Waiver applies due to Rule 28(a) deficiencies | Claims (1) and (2) are waived and not considered |
| Legality of sentence under voluntary sentencing standards | Jones seeks sentencing under § 12-25-30 et seq. | Standards not mandatory; § 12-25-35(f) precludes review | No relief; standards not mandatory or reviewable on appeal |
| Illegality of HFOA sentence given prior felonies | State proved three prior felonies; may invalidate 111-year sentence | HFOA requires consideration; record supports remand | Meritorious claim; remand ordered; resentenced to life without parole; affirmed |
Key Cases Cited
- Ex parte Brannon, 547 So.2d 68 (Ala.1989) (unauthorized sentences are a jurisdictional issue and reviewable in post-conviction)
- Hunt v. State, 659 So.2d 998 (Ala.Crim.App.1994) (unauthorized sentences are jurisdictional; may be noticed at any time)
- Pender v. State, 740 So.2d 482 (Ala.Crim.App.1999) (proceeds to correct illegal sentence on post-conviction review)
- Trawick v. State, 883 So.2d 1273 (Ala.Crim.App.2003) (recognizes ability to address illegal sentence on post-conviction review)
- Hull v. State, 607 So.2d 369 (Ala.Crim.App.1992) (allow judicial notice of this court's records)