 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Adamson v. State4/28/2000
issioner of the Department of Corrections for a period of 8 year(s).
"The defendant shall be given credit for time served.
"The defendant shall pay a fine in the amount of $5,000.00.
"The defendant shall pay the cost of this case.
"The defendant shall pay the Alabama Crime Victims Compensation Commission the sum of $1,000.00.
"The defendant shall complete a substance abuse program.
"The payment of court ordered monies shall be a condition of parole, early release, S.I.R., or work release.
"The defendant was advised that he has the right to appeal his conviction and sentence, and if declared indigent he has the right to appointed counsel and the court reporter's transcript will be provided without cost to the defendant." (C. 61.)
In its sentencing order, the trial court clearly applied the Habitual Felony Offender Act in sentencing Adamson, and by doing so it committed error. Therefore, we must remand this case to the trial court in order for the trial court to resentence Adamson pursuant to the provisions of § 32-5A-191(h), Ala. Code 1975. See Ex parte McCree, 554 So.2d 336 (Ala. 1988) (the trial court was without authority to sentence the defendant under an enhancement statute which, by its terms, could not be invoked). Due return shall be made to this court within 30 days.
REMANDED WITH INSTRUCTIONS.
Long, P.J., and McMillan, Baschab, and Fry, JJ., concur.
Page 1 2 3 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|