Benefield v. State
Benefield v. State
Opinion
Alvin Dwight Benefield pleaded guilty to, and was convicted of, first degree burglary and first degree assault. He was sentenced to concurrent terms of imprisonment of fifteen years and ten years. On this appeal, he argues that his guilty plea was involuntary under Carter v. State,
The trial judge erroneously informed Benefield that burglary in the first degree was a Class B felony with a sentence of not less than two nor more than twenty years' imprisonment. First degree burglary is a Class A felony, Alabama Code 1975, §
However, this error was never called to the attention of the trial judge. A defendant's failure to present to the trial court the claimed error in a timely manner precludes him from challenging his guilty plea on appeal. Willis v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Alvin Dwight Benefield v. State.
- Cited By
- 5 cases
- Status
- Published