Acree v. State
Acree v. State
Opinion
This court's opinion of October 20, 1995, is hereby withdrawn and the following opinion is substituted therefor.
This case was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17, 1995.
The appellant, Johnny Jerome Acree, pleaded guilty to unlawful possession of marijuana in the first degree, a violation of §
The appellant claims that his guilty plea was not knowingly or voluntarily entered into because, he says, (1) the trial court failed to *Page 856 use the Explanation of Rights and Plea of Guilty form, commonly known as an Ireland1 form, or a substantially similar form and (2) the trial court informed the appellant of the maximum and minimum sentence range upon application of the Habitual Felony Offender Act for a defendant with two prior convictions, but failed to give the sentence ranges for a defendant having fewer than two prior felony convictions.
The State contends that, because the appellant did not object to this matter at the guilty plea proceeding, did not move for a new trial, or did not move to withdraw his guilty plea, this issue is procedurally barred. In Ex parte State,
In our opinion of October 20, 1995, we found the issues were preserved because the appellant filed a "Motion for a Modification and/or a Reconsideration of Sentence, Nunc Pro Tune," and we considered such as a motion to withdraw his guilty plea. In his motion, the appellant alleged that he "had ineffective assistance of counsel and that he had been coerced by counsel to enter a plea without an understanding or without knowledge of the consequences of his actions." (R. 43.) Upon reconsideration, we find that this statement was not specific enough to preserve the two issues the appellant attempted to present on appeal. The statements in the motion are mere allegations that are unsupported by any facts or evidence. Bare allegations cannot suffice as evidence or proof of alleged facts. Daniels v. State,
Therefore, the judgment is affirmed.
OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION GRANTED. AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Johnny Jerome Acree v. State.
- Cited By
- 8 cases
- Status
- Published