Dooley v. State

26 So. 3d 499, 2009 Ala. Crim. App. LEXIS 80, 2009 WL 1818471
CourtCourt of Criminal Appeals of Alabama
DecidedJune 26, 2009
DocketCR-07-1869
StatusPublished
Cited by1 cases

This text of 26 So. 3d 499 (Dooley 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
Dooley v. State, 26 So. 3d 499, 2009 Ala. Crim. App. LEXIS 80, 2009 WL 1818471 (Ala. Ct. App. 2009).

Opinion

KELLUM, Judge.

The appellant, Michael Shawn Dooley, was indicted on March 6, 2008, by a Laud-erdale County grand jury for two counts of unlawful distribution of a controlled substance, a violation of § 13A-12-211, Ala. Code 1975. Both counts of the indictment, in pertinent part, read:

“Michael Shawn Dooley ... did unlawfully and willfully sell, furnish, give away, deliver, or distribute a controlled substance, to-wit: Hydrocodone, in Lauderdale County, Alabama.”

(R. 22.) On March 25, 2008, Dooley filed a plea of not guilty and a waiver of arraignment. The State subsequently nol-prossed the second count of the indictment.

On April 18, 2008, the State filed a notice of sentence enhancement informing Dooley of its intent to prove and invoke a five-year sentence enhancement for the sale of drugs within three miles of a school pursuant to § 13A-12-250, Ala.Code 1975, and a five-year sentence enhancement for the sale of drugs within three miles of a housing project pursuant to § 13A-12-270, Ala. Code 1975.

[500]*500On April 29, 2008, Dooley executed an “Explanation of Rights and Guilty Plea” form, sometimes referred to as an Ireland form.1 The form indicated that Dooley was pleading guilty to the unlawful distribution of a controlled substance; it further indicated the applicable sentencing range given his one prior felony conviction. The form did not apprise Dooley of the application of the sentencing enhancements under § 13A-12-250 and § 13A-12-270. On the same day that Dooley signed the explanation-of-rights form, he entered a plea of guilty before the circuit court. The circuit court deferred acceptance of Dooley’s guilty plea and set the matter for a sentencing hearing on June 12, 2008.

On June 12, 2008, counsel for Dooley and the State filed briefs in the circuit court supporting their respective positions regarding the imposition of the sentence enhancements. That same day, Dooley filed a motion to withdraw his guilty plea. In his motion, Dooley argued that he should be allowed to withdraw his guilty plea because, in pertinent part, he argued, (1) the sentence enhancements were not alleged in the indictment; (2) the application of sentence enhancements, if allowed, would affect the sentencing range that was explained to Dooley in the plea-negotiation process; and (3) the application of the sentence enhancements would increase the maximum sentence that was explained to Dooley by his trial counsel. After considering the arguments of both parties, the circuit court, on June 12, 2008, denied Dooley’s motion to withdraw his guilty plea.

Following a hearing, at which it considered evidence regarding the proximity of three schools and a housing project in relation to the location where Dooley sold the drugs, the circuit court sentenced Dooley, as a habitual offender, to 25 years’ imprisonment. Dooley’s 25-year sentence included a 5-year enhancement under § 13A-12-250, Ala.Code 1975, because the sale occurred within three miles of a school, and a 5-year enhancement under § 13A-12-270, Ala.Code 1975, because the sale occurred within three miles of a housing project. The court ordered Dooley to pay $50 to the crime victims compensation fund, a fíne of $2,000 pursuant to the Drug Demand Reduction Assessment Act, and $100 to the Alabama Forensic Services Trust Fund.

On June 16, 2008, Dooley filed a post-judgment motion requesting the circuit court to reconsider its denial of his motion to withdraw. In his motion, Dooley argued (1) that the indictment did not allege any statutory enhancements; (2) that he pleaded guilty to only one count of the indictment; and (3) that the State did not specify in its April 18, 2008, notice which count of the two-count indictment it was seeking to apply the sentence enhancements to. The circuit court denied the motion on June 24, 2008. Dooley’s trial counsel subsequently withdrew from the case, and another attorney was appointed by the circuit court to represent Dooley.

On July 14, 2008, newly appointed counsel for Dooley filed a motion for a new trial, a motion for arrest of judgment, motion for judgment of acquittal and motion to withdraw Dooley’s guilty plea, reasserting issues raised in the earlier post-judgment motion, as well as asserting new issues not previously raised; however, this motion, filed more than 30 days after the circuit court pronounced sentence against Dooley, was untimely. See Rule 24.1, Ala. R.Crim. P.; see also Allen v. State, 883 So.2d 737 (Ala.Crim.App.2003)(a motion to withdraw a guilty plea filed more than 30 days after the date that sentence pro[501]*501nounced was untimely). On July 24, 2008, Dooley filed a notice of appeal, and on July 30, 2008, the circuit court purported to enter an order denying Dooley’s July 14, 2008, postjudgment motion.

Dooley raises nine issues on appeal; however, the dispositive issue is whether Dooley knowingly, intelligently, and voluntarily entered a guilty plea. Dooley contends on appeal that he did not knowingly, intelligently, and voluntarily enter his guilty plea because, he says, he was misinformed regarding the correct sentencing range in light of the enhancements and the circuit court failed to advise him that the sentence enhancements had to be served consecutively in addition to the minimum sentence.

The record reflects that, during the guilty-plea colloquy, the following transpired:

“Q. [THE COURT:] ... In Count 1, [Dooley] is charged with unlawfully selling, furnishing, giving away or delivering Hydrocodone. I have an explanation of rights and a plea of guilty form. Do you recognize the form?
“A. [DOOLEY:] Yes, sir.
“Q. Is that your signature on the back?
“A. Yes, sir.
“Q. Have you been over this with your attorney?
“A. Yes, sir.
“Q. Has he explained it to you?
“A. Yes, sir.
“Q. Do you have any questions about it?
“A. No, sir.
“Q. Do you understand the nature of the offense?
“A. Yes, sir, I do.
“Q. Do you understand the possible punishment?
“A. Yes, sir, I do.
“THE COURT: And the possible punishment I assume would include the possibility of some enhancements if proven by the State.
“[THE PROSECUTOR:] Yes, sir.
“Q. (By the Court) Do you understand all of that?
“A. Yes, sir, I do.
“Q. Do you understand that you don’t have to plead guilty?
“A. Yes, sir, I do.
“Q. Do you understand the rights you’re giving up if you plead guilty?
“A. I do, sir.
“Q. You’re giving up the right to a jury trial, the right to confront the witnesses, the right to testify in your own behalf, the right to present evidence and witnesses on your behalf, the right to subpoena witnesses and the right to appeal if convicted. Do you understand you’re giving those rights up?
“A. Ido.
“Q.

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148 So. 3d 1094 (Court of Criminal Appeals of Alabama, 2013)

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Bluebook (online)
26 So. 3d 499, 2009 Ala. Crim. App. LEXIS 80, 2009 WL 1818471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dooley-v-state-alacrimapp-2009.