Grays v. State
Grays v. State
Opinion
The appellant, Luther Lee Grays, pleaded guilty to violating §
Grays contends that his plea of guilty was not knowingly and intelligently entered, because, he says, all of the requirements of Rule 14.4(a)(1), Ala.R.Crim.P., were not met. Specifically, Grays argues that a material element of his offense, a prior conviction for a crime of violence, was not proved during the plea colloquy. Grays argues that the State failed to provide the trial court with a certified copy of the alleged prior conviction and that neither the State nor the trial court informed him that his sentence would be enhanced based on prior felony convictions. This issue has not been properly preserved for appeal. *Page 844
In order to challenge the validity of a guilty plea on appeal, the issue must first be presented to the trial court by a timely objection, a motion to withdraw the guilty plea, or by a motion for a new trial. Harris v. State,
In the instant case, Grays filed a motion for a new trial; however, in that motion he alleged that his plea was not made knowingly because he "did not understand the sentence to which he was pleading." (C. 17.) Grays did not raise the specific grounds he is now arguing on appeal. A specific ground of objection waives all others not specified, and the trial court will not be put in error on a ground not assigned at trial. See Ayers v.State,
However, a careful review of the record indicates that the trial court did not have jurisdiction to impose the sentence in this case. This Court can review a jurisdictional issue at any time, even if the issue is not raised by the appellant. See Nunnv. Baker,
Grays indicated that he understood the sentence, and the trial court sentenced Grays to 10 years in prison. A violation of §
"(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.
"(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.
"(c) Subject to the exceptions provided by Section
13A-11-74 , no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school."(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony."
Moreover, section
"(a) Every violation of subsection (a) of Section
13A-11-72 or of Sections *Page 84513A-11-81 or13A-11-82 shall be punishable by imprisonment for not more than five years. . . ."
The plain language of §
Thus, Grays's sentence for violating §
REMANDED WITH INSTRUCTIONS
Long, P.J., and McMillan, Baschab, and Fry, JJ., concur.
Reference
- Full Case Name
- Luther Lee Grays v. State.
- Cited By
- 5 cases
- Status
- Published