Ex parte Sturdivant
Ex parte Sturdivant
Opinion of the Court
On December 11, 2015, the Court of Criminal Appeals, in an unpublished memorandum, affirmed the Jefferson Circuit Court’s order denying Derrick Sturdivant’s Rule 32, Ala. R.Crim. P., petition. Sturdivant v. State (No. CR-14-1549, December 11, 2015), _ So.3d _ (Ala.Crim.App. 2015) (table). In his brief on appeal in the Court of Criminal Appeals, Sturdivant, for the first time, raised an issue challenging the sentencing court’s jurisdiction to enter his original sentence.
Although jurisdictional issues can generally be raised at any time, see Nunn v. Baker, 518 So.2d 711 (Ala. 1987), the Court of Criminal Appeals “will not remand a
Nevertheless, if Sturdivant’s claim “is jurisdictional in nature, [then Sturdivant] may file another Rule 32 petition raising this claim; the claim will not be subject to the procedural bars in Rule 32.2, Ala. R.Crim. P.; if pleaded properly, [Sturdi-vant] would be entitled to have an opportunity to present evidence to prove the claim.” Fincher, 837 So.2d at 882.
WRIT DENIED.
. The merits of that claim have not been adjudicated in this case.
Reference
- Full Case Name
- Ex parte Derrick STURDIVANT. (In re Derrick Sturdivant v. State of Alabama)
- Status
- Published