Kendricks v. State

Supreme Court of Alabama December 22, 1999

Kendricks v. State, 754 So. 2d 634 (Ala. 1999)

1999 Ala. LEXIS 329; 1999 WL 1242225

Brown, Cook, England, Hooper, Houston, Johnstone, Lyons, Maddox, See

Opinion of the Court

HOUSTON, Justice.

WRIT DENIED.

HOOPER, C.J., and MADDOX, COOK, SEE, LYONS, BROWN, and JOHNSTONE, JJ., concur. ENGLAND, J., dissents.

Dissenting Opinion

ENGLAND, Justice.

I respectfully dissent. The Court should consider whether the trial judge punished the defendant for exercising her right to remain silent during the sentencing hearing. The trial judge sentenced the defendant to serve 2 consecutive terms of 10 years for her convictions of two counts of forgery in the second degree; ten years is the maximum term provided by law. These were the defendant’s first offenses. Forgery is a Class C felony, carrying a sentencing range of 1 to 10 years. Ala. Code 1975, §§ 13A-5-6 and 13A-9-3. The defendant, though a first-time offender, received on each count the maximum sentence allowed by law.

Reference

Full Case Name: Ex parte Denise KENDRICKS. (In re Denise Kendricks v. State of Alabama)
Status: Published