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Hall v. State

Court of Criminal Appeals of Alabama
Feb 19, 1982
409 So. 2d 926 (Ala. Crim. App. 1982)

Opinion

1 Div. 298.

October 27, 1981. Rehearing Denied November 24, 1981. Certiorari Denied, February 19, 1982 Alabama Supreme Court 81-214.

Appeal from the Circuit Court, Mobile County, Braxton L. Kittrell, Jr., J.

Christopher Knight, Mobile, for appellant.

Charles A. Graddick, Atty. Gen. and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


On his plea of guilty the defendant was convicted and sentenced to ten years' imprisonment for the crime of sexual abuse in the first degree.

It is undisputed that the trial judge refused to follow the recommendation in the plea bargain and further refused to allow the defendant the opportunity to withdraw his plea after a timely request. This was contrary to the holdings of this Court in Griswold v. City of Enterprise, 384 So.2d 1219 (Ala.Cr.App. 1980), and English v. State, 56 Ala. App. 704, 325 So.2d 211, cert. denied, 295 Ala. 401, 325 So.2d 216 (1975), and constitutes reversible error. See also Blow v. State, 49 Ala. App. 623, 274 So.2d 652 (1973).

The judgment of the Circuit Court is reversed and the cause remanded.

REVERSED AND REMANDED.

All Judges concur.


Summaries of

Hall v. State

Court of Criminal Appeals of Alabama
Feb 19, 1982
409 So. 2d 926 (Ala. Crim. App. 1982)
Case details for

Hall v. State

Case Details

Full title:Phinest HALL v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Feb 19, 1982

Citations

409 So. 2d 926 (Ala. Crim. App. 1982)