Davis v. State
Davis v. State
Opinion
In October, 1980, the grand jury of Shelby County returned five indictments against Morris O. Davis, this appellant, for various offenses (R. 10, 51, 61, 68, 76). At arraignment on November 17, 1980, the appellant pled not guilty to all five indictments. (R. 31, 40, 56, 64, 72). Later the appellant pled guilty to one of the indictments which charged him with the violation of the Alabama Uniform Controlled Substances Act on January 6, 1984. (R. 33) In return for his guilty plea, the appellant was sentenced to three years' imprisonment in the penitentiary (R. 34) and the four remaining indictments against him were dismissed. (R. 42, 58, 65, 73)
In Parmley v. State,
Therefore, this issue was waived by the appellant's plea of guilty if same was a valid guilty plea. Our examination of this record reveals that the appellant pled guilty knowingly, intelligently and voluntarily. The appellant filled out an "Ireland form" (
We, therefore, hold that the appellant did waive any non-jurisdictional defects in the prior proceedings against him by virtue of his valid guilty plea. *Page 1350
The appellant was serving time in the Federal penitentiary in Kentucky when he filed his motion asking for "a speedy trial," on September 22, 1982. Trial was set for January 24, 1983, and thereafter continued. The record does not disclose the reason for the continuance.
The record does reflect that Davis was returned to Alabama for trial October 26, 1984. Trial was then set for November 7, 1984, and continued in order for a ruling to be obtained on all pre-trial motions.
The plea agreement in question was thereafter negotiated and accepted by the trial court on January 6, 1984. This was within the time frame set by statute.
There is no showing in this record of prejudice to this appellant, nor does the record support any claim that the continuances referred to were not acquiesced in by Davis. No error is shown. See Cheatham v. State,
Moreover, as we stated in Part I, all non-jurisdictional issues are waived by the valid guilty plea herein obtained, and thus, there is no error preserved for our review.
For the reasons stated above, this cause is due to be and is hereby affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Morris O. Davis v. State.
- Cited By
- 8 cases
- Status
- Published