CR-97-1756 | Ala. Crim. App. | Oct 23, 1998
The appellant, Vanessa Q. May, pled guilty to three counts of attempted unlawful possession of a controlled substance, a violation of §
On appeal, counsel filed a motion to withdraw and a brief in substantial compliance with Anders v. California,
First, the trial court imposed a fine of only $500 on each count. The Demand Reduction Assessment Act, §
Also, the record contains several discrepancies. First, the guilty plea proceedings show that the appellant was indicted for and pled guilty to the attempted unlawful possession of a controlled substance. However, the case action summary sheets in cases CC-98-238 and CC-98-239 reflect that the appellant pled guilty to unlawful possession of a controlled substance. Second, the sentencing hearing shows that the trial court ordered a split sentence in each case. However, the case action summary sheet for case CC-98-239 does not reflect that the sentences on those counts were split. On remand, the trial court shall correct the record to reflect the proper offenses to which the appellant pled and the actual sentences imposed in CC-98-239.
Based on the foregoing, we remand this cause to the trial court for resentencing consistent *363 with this opinion. The trial court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 28 days of the release of this opinion. The return to remand shall include a transcript of the remand proceedings, if any, conducted by the trial court and a copy of the corrected record.
AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS FOR RESENTENCING.*
LONG, P.J., and McMILLAN, COBB, and BROWN, J.J., concur.