540 So. 2d 813 | Ala. Crim. App. | 1988
This is an appeal from the denial of a petition for post-conviction relief.
The petitioner pleaded guilty and was convicted of violating the Alabama Controlled Substances Act on October 20, 1987. He was sentenced to 15 years' imprisonment as the minimum sentence applicable under the Habitual Felony Offender Act.
The petitioner appealed his conviction but voluntarily dismissed his appeal. Hall v. State
The record shows that the petitioner, his attorney, the prosecutor, and the trial court all mistakenly thought that the Habitual Felony Offender Act was applicable. The petitioner has alleged that he would not have pleaded guilty "if he had not been faced with the sentence of the Habitual Offender." Twenty-five days before the petitioner pleaded guilty, our Supreme Court held that defendants convicted under the Controlled Substances Act "must be sentenced according to itsprovisions, not the sentencing provisions of" the Habitual Felony Offender Act. Ex parte Chambers,
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,
We see no reason to delay the inevitable outcome of this case. Therefore, the judgment of the circuit court is reversed. This cause is remanded to that court with directions that the petitioner's guilty plea and sentence be set aside.
REVERSED AND REMANDED.
All Judges concur.