671 So. 2d 776 | Ala. Crim. App. | 1995
The appellant, Richard David Johnston, was convicted of resisting arrest, disorderly conduct, and giving false information to a police officer in the municipal court for the City of Irondale. He appealed to the Circuit Court for Jefferson County for trial de novo and was found guilty of all three offenses. He was sentenced to six months in jail and was fined $1,000 on his conviction for resisting arrest. That sentence was suspended and the appellant was ordered to serve two years on probation. He was sentenced to 60 days in jail and was fined $300 on the conviction for giving false information. On the conviction for disorderly conduct the appellant was sentenced to 60 days in jail and was fined $500.
The appellant contends that the Circuit Court for Jefferson County was without jurisdiction to fine him $1,000 on his conviction for resisting arrest. The Irondale City Ordinance concerning resisting arrest provides a maximum fine of $500 upon conviction for the offense of resisting arrest. The record reflects that upon appeal to the Circuit Court for Jefferson County the appellant was convicted of the offense and was fined as if the offense was a violation of the state statute for resisting arrest, which provides a penalty of $1,000, see §
Section
"No fine shall exceed $500.00 and no sentence of imprisonment or hard labor shall exceed six months except, when in the enforcement of the penalties prescribed in Section
32-5A-191 [driving under the influence], such fine shall not exceed $5,000.00 and such sentence of imprisonment or hard labor shall not exceed one year."
Section
For this reason, this cause is remanded to the Circuit Court for Jefferson County for that court to hold a new sentencing hearing on the resisting arrest conviction and to fix a fine no greater than $500. Due return should be filed with this court no later than 42 days after the release of this opinion.
REMANDED WITH DIRECTIONS.
All the Judges concur.