170 So. 3d 709
Ala. Crim. App.2014Background
- Mewborn pleaded guilty to unlawful possession of a controlled substance on Sept. 7, 2010 and was sentenced as a habitual felony offender to 20 years’ imprisonment.
- The circuit court suspended the 20-year sentence and placed Mewborn on four years’ supervised probation, plus various financial obligations.
- On Aug. 7, 2013, Mewborn received notice of alleged probation violations (nonpayment, alcohol findings, arrest for public intoxication, possession of alcohol).
- A probation-revocation hearing was held on Sept. 4, 2013, after which the circuit court revoked probation in a written order.
- Mewborn’s appointed counsel filed an Anders brief; the court allowed pro se issues, including challenges to § 15-22-50 compliance and probation revocation authority.
- The intermediate court concluded the original sentence was illegal under § 15-22-50 and that the circuit court lacked jurisdiction to revoke probation; remand for resentencing and related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 20-year sentence suspended to 4 years’ probation comply with § 15-22-50? | Mewborn (pro se) argues § 15-22-50 bars suspension of a sentence exceeding 15 years. | The State concedes the sentence is illegal and revocation jurisdiction is lacking. | Yes; the sentence is illegal and the court lacked jurisdiction to revoke probation. |
| Did the circuit court have authority to revoke probation after an illegal sentence? | Mewborn contends revocation authority was improper due to an illegal sentence. | State concedes lack of jurisdiction to revoke; revocation is improper. | No; the court had no jurisdiction to revoke probation, so the revocation is ineffective. |
| What remedy follows an illegal sentence and void revocation order? | Remand for resentencing and assess voluntariness of plea if needed. | Remand for resentencing consistent with law; address plea voluntariness if necessary. | Remand for resentencing with potential hearing on plea voluntariness; no enforceable probation revocation. |
Key Cases Cited
- Hunt v. State, 659 So.2d 998 (Ala.Crim.App.1994) (unauthorized sentences are jurisdictional and may be noticed at any time)
- Pender v. State, 740 So.2d 482 (Ala.Crim.App.1999) (illicit sentences and lack of jurisdiction implications recognized)
- Little v. State, 129 So.3d 312 (Ala.Crim.App.2012) (20-year sentence suspended in excess of statutory minimum illegal)
- Enfinger v. State, 123 So.3d 535 (Ala.Crim.App.2012) (probation revocation following illegal sentence lacks authority)
- Scott v. State, 148 So.3d 458 (Ala.Crim.App.2013) (sentence illegal; circuit court without authority to revoke probation)
- Adams v. State, 141 So.3d 510 (Ala.Crim.App.2013) (same principle as Enfinger and Scott on probation revocation)
- Ex parte Tice, 475 So.2d 590 (Ala.1984) (equal protection concerns in resentencing considerations)