From Casetext: Smarter Legal Research

Snipes v. State

Supreme Court of Alabama
Sep 4, 1981
404 So. 2d 110 (Ala. 1981)

Opinion

80-524.

September 4, 1981.

Certiorari to the Court of Criminal Appeals, 404 So.2d 106

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

Robert P. Lane of Phillips Funderburk, Phenix City, for respondent


Writ quashed as improvidently granted

TORBERT, C.J., JONES, EMBRY, BEATTY and ADAMS, JJ., concur

MADDOX and ALMON, JJ., dissent

SHORES, J., not sitting


I respectfully dissent from the decision of the majority of this Court to quash the writ of certiorari as improvidently granted

As Judge Bookout of the Court of Criminal Appeals has pointed out, the cases holding that a plea of nolo contendere cannot be used in another proceeding should not be followed

Justice Goodwyn, in his dissent in State v. Thrower, 272 Ala. 344, 131 So.2d 420 (1961), states the better reasoning as follows: "It is my view that the nature of the plea, whether it be one of `guilty', `not guilty', or `nolo contendere' . . . is immaterial in determining whether there has been a `conviction . . ." Code 1975, § 13A-5-9, provides for punishment based on prior "convictions" and does not speak to the plea in the prior proceeding. To disallow the use of a conviction based on a plea of nolo contendere is to allow a defendant to circumscribe the operation and purpose of the statute

It is my opinion that a conviction in another state, based on a plea of nolo contendere, should be used like any other conviction in determining punishment under § 13A-5-9

MADDOX, J., concurs


Summaries of

Snipes v. State

Supreme Court of Alabama
Sep 4, 1981
404 So. 2d 110 (Ala. 1981)
Case details for

Snipes v. State

Case Details

Full title:Ex parte: State of Alabama (Re: Donald SNIPES v. STATE of Alabama)

Court:Supreme Court of Alabama

Date published: Sep 4, 1981

Citations

404 So. 2d 110 (Ala. 1981)