Cochran v. State
Cochran v. State
Opinion
Tyree Vashone Cochran pleaded guilty to attempted theft of property, first degree, a violation of §§
Upon further review of the record, Cochran's counsel filed a supplemental brief with this Court. In order to comply with the due process requirements of the United States Constitution and the Alabama Constitution, as well as with other applicable law, and to ensure that Cochran has, "an active advocate, rather than a mere friend of the court assisting in a detached evaluation of the appellant's claim," Evitts v. Lucey,
On December 23, 1998, Cochran took his mother's 1989 Chevrolet automobile without her permission. She reported to the police that her car had been stolen. Cochran was apprehended with the vehicle and arrested. Cochran raises the following issues regarding his guilty plea:
1. His guilty plea was not knowingly, voluntarily, and intelligently entered into.
2. The prosecutor abandoned his role by allowing Cochran to plead guilty without providing a sufficient factual basis for the plea.
3. The trial judge was not presented with sufficient facts to establish a factual basis for the plea.
An issue raised on an appeal from a guilty plea must be preserved by an objection, a motion to withdraw the plea, or a motion for a new trial. Willis v. State,
Cochran also claims that his trial counsel was ineffective. He argues that trial counsel's performance fell below the standard of reasonable representation. However, Cochran did not bring the ineffective-assistance-of-counsel claim to the attention of the trial court and thus failed to preserve it for review on direct appeal. Dubose v. State,
Last, Cochran argues that there were certain deficiencies in the sentencing hearing. Specifically, he argues that the judge did not inform him that he had a right to appeal, a right to counsel, and a right to a free copy of the reporter's transcript. Cochran timely filed a notice of appeal, received a free transcript, and was obviously appointed counsel due to his indigent status. It is clear that Cochran was *Page 1228 informed of his rights regarding the appeal.
Cochran also contends that the sentencing procedure used by the trial court violated §
Because Cochran's claims concerning his guilty plea and the effectiveness of his trial counsel were not preserved for review on appeal, his conviction for attempted theft of property in the first degree is due to be affirmed. With regard to his sentence, this cause is due to be, and it is hereby, remanded to the trial court. Pursuant to §
AFFIRMED AS TO CONVICTION; REMANDED WITH DIRECTIONS AS TO SENTENCING.
Long, P.J., and McMillan, Baschab, and Fry, JJ., concur.
Reference
- Full Case Name
- Tyree Vashone Cochran v. State of Alabama.
- Cited By
- 5 cases
- Status
- Published