Anderson v. State
Anderson v. State
Opinion
The appellant pleaded guilty to unlawfully distributing a controlled substance — cocaine — in violation of §
Reviewing the record, we cannot find where the appellant objected at the trial proceedings, moved for a new trial, or moved to withdraw his guilty plea because he was uninformed of the minimum sentence he could receive. Therefore, the appellant has failed to preserve this issue for review. Cantu v. State, [Ms. 1920426, October 15, 1993];* Parish v. State, [Ms. CR-90-1285, April 23, 1993] 1993 WL 124790 (Ala.Cr.App. 1993);**Bennefield State,
Even if this issue had been preserved, it would still be determined adversely to the appellant. Our review of the record shows that the Ireland1 form the appellant signed at the plea hearing on August 16, 1993, was incorrect. The form stated that the appellant faced a minimum sentence of 2 years and a maximum sentence of 20 years in prison. When the appellant signed theIreland form, the trial judge was not aware that the state intended to invoke the school yard enhancement statute. §
When the appellant pleaded guilty, he was incorrectly informed of the minimum sentence he could receive. However, the appellant failed to preserve this issue for our review. He could have objected at sentencing, moved to withdraw his plea, or presented this issue in a motion for a new trial. This is an appellate court only. Saffold v. State,
Lee v. State,"To establish a prima facie case of discrimination in the selection of a grand jury foreman, a petitioner must demonstrate: 1) that the group against whom discrimination is asserted is a distinct class, singled out for different treatment; 2) the degree of underrepresentation by comparing the proportion of the group in the total population to the proportion called to serve as foreman over a significant period of time; and 3) that the selection procedure is susceptible to abuse or is not racially neutral. This prima facie case may then be rebutted by evidence that objective, racially neutral criteria were used in the selection process. Johnson v. Puckett,
929 F.2d 1067 ,1071-1073 (5th Cir.), cert. denied, [___] U.S. [___],112 S.Ct. 274 ,116 L.Ed.2d 226 (1991)."
However, the record shows that the appellant did not present this issue to the trial court. The first time this issue was raised was in the appellant's brief to this court.
This court in Prim v. State,
This issue was waived by the appellant's failure to object to the imposition of this statute during the sentencing phase and by his failure to raise any question as to its imposition by any procedure in the circuit court. The appellant must specifically raise an issue regarding sentencing in the trial court before this court will consider it on appeal. Garrick v.State,
Further, our review of the record shows that the state called as a witness, Sheriff Robert Rinehart of Bibb County, who testified that the appellant had sold the cocaine, the subject matter of this case, within a three-mile radius of a school, as described *Page 1302
in §
The record was supplemented with the guilty plea colloquy, hence this part of the appellant's contention has no merit. Further, the record shows that the trial court denied the appellant's motion to supplement the record with the evidence concerning the grand jury because the appellant was attempting to present on appeal an issue that was not presented to the trial court. Rule 10(g), A.R.App.P., does not allow the appellant to raise on appeal matters that were not raised initially in the trial court. See Richburg v. Cromwell,
For the foregoing reasons, the judgment in this cause is due to be affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Danny Lamont Anderson v. State.
- Cited By
- 6 cases
- Status
- Published