Brooks v. State

Court of Criminal Appeals of Alabama

Brooks v. State

706 So. 2d 821, 1997 Ala. Crim. App. LEXIS 213, 1997 WL 273685

CourtCourt of Criminal Appeals of Alabama

DecidedMay 23, 1997

DocketCR-96-0496

StatusPublished

Cited by1 cases

This text of 706 So. 2d 821 (Brooks v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brooks v. State, 706 So. 2d 821, 1997 Ala. Crim. App. LEXIS 213, 1997 WL 273685 (Ala. Ct. App. 1997).

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Opinion

BASCHAB, Judge.

The appellant, Robert L. Brooks, pled guilty to negotiating a worthless negotiable instrument, a Class A misdemeanor, and was sentenced to one year in the Madison County Jail, to be followed by placement on the Suspended Work Release Program until all court ordered monies were paid.

Section 13A-5-7(a), Ala.Code 1975, states:

“(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

“(1) For a Class A Misdemeanor, not more than one year.”

The sentence imposed by the trial court exceeded the maximum sentence allowed by statute. Therefore, this case is remanded to the trial court to sentence the appellant within the minimum and maximum guidelines for a Class A misdemeanor as provided by law.

REMANDED WITH INSTRUCTIONS.

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