Buchanan v. State

Court of Criminal Appeals of Alabama

Buchanan v. State

435 So. 2d 142, 1982 Ala. Crim. App. LEXIS 3314

CourtCourt of Criminal Appeals of Alabama

DecidedNovember 23, 1982

Docket8 Div. 714

StatusPublished

Cited by2 cases

This text of 435 So. 2d 142 (Buchanan 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.

Bluebook

Buchanan v. State, 435 So. 2d 142, 1982 Ala. Crim. App. LEXIS 3314 (Ala. Ct. App. 1982).

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Opinions

LEIGH M. CLARK, Retired Circuit Judge.

This appeal from a judgment of conviction of burglary in the third degree and a sentence as an habitual felony offender is without merit as to the judgment of conviction.

As to the sentence to fifteen years’ imprisonment, we conclude that by reason [143]*143of any mistaken view, which the transcript suggests but does not conclusively show, that such was the minimum sentence, instead of ten years as prescribed by Alabama Criminal Code 13A-5-9(b)(l) in conjunction with § 13A-5-6(a)(l) and § 13A-7-7(b), the cause is conditionally remanded to the trial court for the trial judge to determine, with or without a hearing, at his election, whether the sentence should be reduced to a term not less than ten years. If the trial judge determines that the sentence should be reduced to a term not less than ten years, the trial court is directed to amend the term of the sentence accordingly.

The foregoing opinion was prepared by Retired Circuit Judge LEIGH M. CLARK, serving as a judge of this Court under the provisions of § 6.10 of the Judicial Article (Constitutional Amendment No. 328); his opinion is hereby adopted as that of the Court.

JUDGMENT OF CONVICTION AFFIRMED; REMANDED CONDITIONALLY WITH DIRECTIONS AS TO SENTENCE.

All the Judges concur.

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LEIGH M. CLARK, Retired Circuit Judge.

This appeal from a judgment of conviction of burglary in the third degree and a sentence as an habitual felony offender is without merit as to the judgment of conviction.

As to the sentence to fifteen years’ imprisonment, we conclude that by reason [143]*143of any mistaken view, which the transcript suggests but does not conclusively show, that such was the minimum sentence, instead of ten years as prescribed by Alabama Criminal Code 13A-5-9(b)(l) in conjunction with § 13A-5-6(a)(l) and § 13A-7-7(b), the cause is conditionally remanded to the trial court for the trial judge to determine, with or without a hearing, at his election, whether the sentence should be reduced to a term not less than ten years. If the trial judge determines that the sentence should be reduced to a term not less than ten years, the trial court is directed to amend the term of the sentence accordingly.

The foregoing opinion was prepared by Retired Circuit Judge LEIGH M. CLARK, serving as a judge of this Court under the provisions of § 6.10 of the Judicial Article (Constitutional Amendment No. 328); his opinion is hereby adopted as that of the Court.

JUDGMENT OF CONVICTION AFFIRMED; REMANDED CONDITIONALLY WITH DIRECTIONS AS TO SENTENCE.

All the Judges concur.

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Bluebook (online)

435 So. 2d 142, 1982 Ala. Crim. App. LEXIS 3314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchanan-v-state-alacrimapp-1982.

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