Moore v. State
Moore v. State
Opinion
The appellant, Charles D. Moore, appeals the summary denial of his petition for postconviction relief, filed pursuant to Rule 32, Ala.R.Crim.P. We reverse and remand.
The appellant pleaded guilty on December 17, 1998, to second-degree assault, a violation of §
"Respondent avers that there was no change in Petitioner's sentence. Through each of these steps, Petitioner continued to have a fifteen-year sentence to serve. The Court was well within its jurisdiction to modify how that sentence was to be served, including whether it was served concurrent, consecutive or co-terminus. Petitioner's claim is without merit and due to be denied."
(C. 39.) The State makes the same argument on appeal, with no citation to authority.
This Court and the Alabama Supreme Court have consistently held that a trial court retains jurisdiction to modify a sentence for 30 days after the sentence is pronounced. In the absence of a motion for a new trial or a request to modify a sentence, filed within 30 days after sentencing, the trial court loses all jurisdiction to modify a defendant's sentence at the end of the 30th day. See Ex parte Hitt,
In the present case, the record indicates that the trial court amended the appellant's sentence order over 10 months after the appellant had been sentenced and over 9 months after it had lost jurisdiction over the case. We hold, therefore, that the trial court was without authority to amend the original sentence order. The trial court's order of October 29, 1999, attempting to modify the original sentence was a nullity. Consequently, the original sentence order entered on December 17, 1998, still stands. Having adequately stated a ground for relief under Rule 32.1(b), Ala.R.Crim.P., the trial court erred in summarily denying the appellant's petition.1
Based on the foregoing, the judgment is reversed and the case is remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
McMillan, P.J., and Cobb and Wise, JJ., concur. Baschab, J., concurs in the result.
Reference
- Full Case Name
- Charles D. Moore v. State of Alabama.
- Cited By
- 8 cases
- Status
- Published