Summary
In Ex parte Wakefield, 447 So. 2d 1324 (Ala. Crim. App. 1983), we granted a writ of mandamus while an appeal was pending in the same case because the lower court had improperly sentenced Smith to a greater term of imprisonment than the law allowed, thus rendering Smith ineligible for an appeal bond.
Summary of this case from Kandola v. StateOpinion
6 Div. 166.
April 20, 1983. Rehearing Denied May 9, 1983.
Petition for Writ of Mandamus or in the alternative, Petition for Habeas Corpus.
PETITION GRANTED. ORDER ISSUED FOR TRIAL COURT TO VACATE AND SET ASIDE THE SENTENCE OF 45 YEARS' IMPRISONMENT; AND FURTHER THAT THE TRIAL COURT IS ORDERED TO SET SENTENCE AT 10 YEARS' IMPRISONMENT IN ACCORDANCE WITH ALABAMA CODE 1975, SECTION 113A-5-6 (a)(5).
All the Judges concur.