Sanders v. State

4 Citing cases

  1. Pitts v. State

    510 So. 2d 550 (Ala. Crim. App. 1985)   Cited 2 times

    Had the motion been in proper form and brought to the court's attention, the trial court might very well have set the matter for an evidentiary hearing. See, for example, Sanders v. State, 414 So.2d 482 (Ala.Cr.App. 1982), wherein this Court, per Judge DeCarlo, upheld appellant's murder conviction and sentence of 20 years. In Sanders, the appellant filed a motion to withdraw her guilty plea based on her incompetency at the time, and an evidentiary hearing was held on said motion.

  2. Watkins v. State

    454 So. 2d 1055 (Ala. Crim. App. 1984)   Cited 1 times

    Moreover, the trial judge who accepted the plea is in a far better position to determine whether the appellant voluntarily, intelligently and understandingly made his plea of guilt. See Sanders v. State, 414 So.2d 482 (Ala.Crim.App. 1982); Williams v. State, 386 So.2d 506 (Ala.Crim.App. 1980). Relying on the authority hereinabove cited, we are of the opinion that the smoking of marijuana some twenty-four to forty-eight hours before does not per se impair ones ability to voluntarily and intelligently enter a guilty plea.

  3. Atteberry v. State

    448 So. 2d 425 (Ala. Crim. App. 1984)   Cited 9 times
    In Atteberry, 448 So.2d 425 at 428, the court refused to resort to the presumption announced in Henderson and reaffirmed in Marshall to uphold a guilty plea.

    Young v. State, 408 So.2d 199 (Ala.Cr.App. 1981). That "other information" may include facts contained in a pre-sentence investigation report (Young, supra), confessions (Sanders v. State, 414 So.2d 482 (Ala.Cr.App. 1982)), and the D.A.'s assertions of what he expects the evidence to show (Yamada v. State, 426 So.2d 906 (Ala. 1982)). In fact, when the offense is simple and specific, the rule requiring the determination of a factual basis may be satisfied by a reading of the charge.

  4. Taylor v. State

    441 So. 2d 1036 (Ala. Crim. App. 1983)

    We also note that approximately nine months elapsed after the guilty plea before the appellant claimed his guilty plea was the result of coercion. As stated in Sanders v. State, 414 So.2d 482 (Ala.Cr.App. 1982), "the tardiness of the appellant's claim reflects upon its good faith, sincerity and credibility." Based on the foregoing, it is our judgment that the trial court properly denied appellant's motion to withdraw his plea of guilty.