Cade v. State
Cade v. State
Opinion
Jonathan William Cade was accused of obtaining drugs by fraud, a violation of §
Section
"(a) The particular classification of each felony defined in this title, except murder under §
13A-6-2 , is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a class C felony."
While punishment is specified in §
The Habitual Felony Offender Act provides: *Page 1077
"(c) In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he must be punished as follows: (1) On conviction of a class C felony, he must be punished by imprisonment for life or for any term not more than 99 years but not less than 15 years . . ."
The legislature intended that all felonies be considered under the Habitual Felony Offender Act. Motley v. State,
The negotiated plea for 50 years was within the lawful range of sentences. We are without authority to review a sentence so long as the sentence imposed is within the limits prescribed by the legislature. Riley v. State,
This is simply a case in which the appellant wants the benefits of his negotiated plea agreement but seeks to evade the detriments.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Jonathan William Cade v. State.
- Cited By
- 8 cases
- Status
- Published