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   State Courts - Alabama - January 28, 2005
  
Dixon v. State, CR-03-1889, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Additional 24 months of confinement were set aside as, although trial court could split defendant's sentence after it revoked his probation, the additional 24 months caused defendant's total confinement period to exceed three-year statutory maximum.

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Fuqua v. State, CR-03-1440, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Where the record failed to clearly show that defendant and the State agreed that defendant reserved the right to appeal from an order denying her motion to suppress, in spite of her plea, remand was ordered for the trial court to clarify the same.

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Gordon v. State, CR-04-0052, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Order amending a juvenile probationer's sentence upon revocation was remanded for a determination of whether a circuit court erred by exceeding the original sentence imposed, and if so, then to resentence him under the juvenile sentencing statute.

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Hall v. State, CR-03-1418, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Hardy v. State, CR-03-1855, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Trial court erred in convicting defendant on three counts of felony murder; the three counts all arose out of the killing of a single victim, and thus the multiple convictions violated defendant's double jeopardy rights.

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Harrison v. State, CR-03-1242, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Order revoking a term of probation did not violate due process where the testimony presented by the probationer's mother about a learning disability, and argument from counsel, was insufficient to raise a bona fide doubt as to his competency.

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Johnson v. State, CR-03-0822, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Felony DUI conviction was reversed, as it was lesser-included offense of affirmed criminally negligent homicide. State proved other driving violations, but only "alleged" DUI as basis for negligence; so, trial court lacked jurisdiction over DUI.

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McCary v. State, CR-03-1468, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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McMillian v. State, CR-03-2088, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Trial court erred in denying defendant's postconviction relief petition; prior trial court lacked jurisdiction to convict him of receiving stolen property in second degree, as it was not lesser included offense of charge for which he was indicted.

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Mitchell v. State, CR-03-1552, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Drug convictions were proper because even though defendant reserved two arguments for appeal in his guilty plea, which the trial court duly noted, he did not first present those issues to it for it to make a decision that could be appealed.

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