Summary
In Brooks v. State, 706 So.2d 821, 821 (Ala.Crim.App. 1997), the Court of Criminal Appeals held that the one-year sentence in jail followed by placement on "Suspended Work Release Program until all court ordered monies were paid" violated the maximum one-year sentence allowed by law for the misdemeanor.
Summary of this case from Crowe v. State ex Rel. PattersonOpinion
CR-96-0496.
May 23, 1997.
Appeal from Madison County Circuit Court (CC-96-1582); Joseph L. Battle, Judge.
James C. Alison, Huntsville, for appellant.
Bill Pryor, atty. gen., and Yvonne A.H. Saxon, asst. atty. gen., for appellee.
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.
Note from the reporter of decisions: On October 17, 1997, on return to remand, the Court of Criminal Appeals affirmed, without opinion.
All Judges concur.