May v. State
May v. State
Opinion of the Court
The appellant, Vanessa Q. May, pled guilty to three counts of attempted unlawful possession of a controlled substance, a violation of § 13A-12-203 and § 13A-12-212, Ala.Code 1975.
On appeal, counsel filed a motion to withdraw and a brief in substantial compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), indicating that there are no meritorious issues that warrant appellate review. Counsel stated that he provided the appellant a copy of the brief, the court file, and the official transcript. The appellant did not file any pro se issues for consideration. We agree that no meritorious issues have been raised on the appellant’s behalf. Therefore, we affirm the appellant’s convictions for attempted possession of a controlled substance. However, our examination of the record reveals numerous errors that occurred during sentencing.
First, the trial court imposed a fine of only $500 on each count. The Demand Reduction Assessment Act, § 13A-12-281(a), Ala.Code 1975, mandates a fine of $1,000 for each conviction under § 13A-12-203 and § 13A-12-212, Ala.Code 1975.
Also, the record contains several discrepancies. First, the guilty plea proceedings show that the appellant was indicted for and pled guilty to the attempted unlawful possession of a controlled substance. However, the ease action summary sheets in cases CC-98-238 and CC-98-239 reflect that the appellant pled guilty to unlawful possession of a controlled substance. Second, the sentencing hearing shows that the trial court ordered a split sentence in each case. However, the case action summary sheet for case CC-98-239 does not reflect that the sentences on those counts were split. On remand, the trial court shall correct the record to reflect the proper offenses to which the appellant pled and the actual sentences imposed in CC-98-239.
Based on the foregoing, we remand this cause to the trial court for resentencing con
AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS FOR RESENTENCING
. The appellant pled guilty under two separate indictments — a one-count indictment in case CC-98-238 and a two-count indictment in case CC-98-239.
. Section 13A-12-281, Ala.Code 1975, mandates a fine of $1,000 for first offenders and $2,000 for second and subsequent offenders. Because the State did not prove any prior offenses, $1,000 is the appropriate fine for each count.
Note from the reporter of decisions: On February 5, 1999, on return to remand, the Court of Criminal Appeals affirmed, without opinion.
Reference
- Full Case Name
- Vanessa Q. May v. State.
- Cited By
- 2 cases
- Status
- Published