Bland v. State
Bland v. State
Opinion of the Court
WRIT DENIED. NO OPINION.
Concurring Opinion
(concurring specially).
Terry Bland petitions this Court to review the Court of Criminal Appeals’ affir-mance, by unpublished memorandum, of the circuit court’s denial of his most recent Rule 32, Ala. R.Crim. P., petition for post-conviction relief. Bland v. State (No. CR-14-0181, March 6, 2015), — So.3d - (Ala.Crim.App. 2015) (table). Bland challenges his October 9, 1991, conviction for murder and his sentence of life imprisonment without the possibility of parole. He argues that the circuit court lacked the jurisdiction to sentence him under the Alabama Habitual Felony Offender Aet, § 13A-5-9, Ala.Code 1975 (“the HFOA”), by enhancing his sentence using two prior convictions for which, he says, he was pardoned.
I concur with the decision of this Court to deny Bland’s petition for a writ of cer-tiorari because, in my view, the petition fails to meet the requirements set forth in Rule 39, Ala. R.App. P. I write separately to note that, if Bland’s .allegations about his being pardoned for the convictions used to enhance his sentence are true and if he can demonstrate that this claim has not been addressed in proceedings related to an earlier petition, Bland may be entitled to the relief he is seeking. This Court has held that “pardoned convictions cannot be used to enhance [a] sentence under the [HFOA].” Ex parte Casey, 852 So.2d 175, 181 (Ala. 2002).
. I dissented in Casey and did not write; my ing. dissent, however, was not based on that hold-
Reference
- Full Case Name
- Ex parte Terry Bland. (In re Terry BLAND v. STATE of Alabama)
- Status
- Published