Supreme Court of Alabama, 1992

Johnson v. State

Supreme Court of Alabama · Decided August 14, 1992 · Adams, Hornsby, Maddox, Almon, Shores, Ingram, Steagall, Kennedy

603 So. 2d 1016; 1992 Ala. LEXIS 902; 1992 WL 192956 (Southern Reporter, Second Series)

Opinion of the Court

ADAMS, Justice.

We note that in sentencing the defendant, Jeffery W. Johnson, the trial judge made statements indicating that the defendant should not be considered for parole.1 We note that §§ 15-22-27.1 and -27.2 provide limited circumstances wherein a prisoner should not be considered for parole. Johnson does not fall within the terms of either section, and, therefore, should be considered for parole. Our review of the record convinces us that the trial judge’s comments in this regard were unwarranted.

WRIT QUASHED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES and INGRAM, JJ., concur. STEAGALL, J., concurs in the result. KENNEDY, J., dissents.

. Johnson received eighteen 30-year sentences after pleading guilty to 18 counts of criminal possession of a forged instrument in the second degree. He was sentenced under the Habitual Felony Offender Act.

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