Nobles v. State

555 So. 2d 308, 1989 Ala. Crim. App. LEXIS 751, 1989 WL 140737

Opinion

MeMILLAN, Judge.

The appellant was convicted of trafficking in cannabis and was sentenced to 17 years’ imprisonment. However, the trial court failed to impose the $25,000 fine which is mandated by § 20-2-80(1)(a), Code of Alabama (1975). That statute deals with sentencing for cases involving “trafficking in cannabis, cocaine, etc.” It states as follows (in pertinent part):

“Any person who knowing sells ... delivers, or brings into this state or who is knowingly in actual or constructive possession of in excess of one kilo or 2;2 pounds of cannabis is guilty of a felony, which felony shall be known as ‘trafficking in cannabis.’ If the quantity of cannabis involved:

“a. is in excess of one kilo or 2.2 pounds, but less than 2,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of $25,000.00.”

Because the mandatory fine was not imposed by the trial court, this cause is remanded with orders for the $25,000 fine to be imposed.

REMANDED WITH INSTRUCTIONS.

All Judges concur.