542 So. 2d 331 | Ala. Crim. App. | 1989
In 1987, Randy Lee Clemons pleaded guilty and was convicted of the unlawful sale of marijuana in violation of Alabama Code 1975, §
Clemons' petition is due to be granted. His guilty plea, conviction, and sentence must be reversed and set aside.
Thirteen days before Clemons pleaded guilty our State Supreme Court held, "Because *332
the sentences applicable to drug offenses and repeat drug offenses are provided within the Controlled Substances Act, we hold that defendants convicted thereunder must be sentencedaccording to its provisions, not the sentencing provisions of Title 13A." Ex parte Chambers,
In Hall v. State,
"The petitioner is entitled to have his guilty plea set aside. 'Even in the case of a negotiated plea, our higher courts require that the accused be informed of the correct range of maximum and minimum penalties.' McClaren v. State,
500 So.2d 1325 ,1327 (Ala.Cr.App. 1986). '[A] defendant is constitutionally entitled to have information concerning the range of punishment prescribed by the act to which he may be sentenced and the consequences of the conviction at the time he enters his plea.' Coleman v. Alabama,827 F.2d 1469 ,1473 (11th Cir. 1987). A defendant cannot make a voluntary plea of guilty with full knowledge of its effects if he has not been properly advised of the correct range of punishment. Coleman, supra; Boykin v. Alabama,395 U.S. 238 ,89 S.Ct. 1709 ,23 L.Ed.2d 274 (1969). 'Without accurate and complete information at the plea bargaining stage, a defendant is unable to make a voluntary and informed plea.' United States v. French,719 F.2d 387 ,389 (11th Cir. 1983), cert. denied,466 U.S. 960 ,104 S.Ct. 2174 ,80 L.Ed.2d 557 (1984)."
The judgment of the circuit court is reversed. This cause is remanded to that court with directions that Clemons' guilty plea, conviction, and sentence be set aside.
REVERSED AND REMANDED.
All Judges concur.
