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Ex Parte Wakefield

Court of Criminal Appeals of Alabama
May 9, 1983
447 So. 2d 1324 (Ala. Crim. App. 1983)

Summary

In Ex parte Wakefield, 447 So. 2d 1324 (Ala. Crim. App. 1983), we granted a writ of mandamus while an appeal was pending in the same case because the lower court had improperly sentenced Smith to a greater term of imprisonment than the law allowed, thus rendering Smith ineligible for an appeal bond.

Summary of this case from Kandola v. State

Opinion

6 Div. 166.

April 20, 1983. Rehearing Denied May 9, 1983.

Petition for Writ of Mandamus or in the alternative, Petition for Habeas Corpus.


PETITION GRANTED. ORDER ISSUED FOR TRIAL COURT TO VACATE AND SET ASIDE THE SENTENCE OF 45 YEARS' IMPRISONMENT; AND FURTHER THAT THE TRIAL COURT IS ORDERED TO SET SENTENCE AT 10 YEARS' IMPRISONMENT IN ACCORDANCE WITH ALABAMA CODE 1975, SECTION 113A-5-6 (a)(5).

All the Judges concur.


Summaries of

Ex Parte Wakefield

Court of Criminal Appeals of Alabama
May 9, 1983
447 So. 2d 1324 (Ala. Crim. App. 1983)

In Ex parte Wakefield, 447 So. 2d 1324 (Ala. Crim. App. 1983), we granted a writ of mandamus while an appeal was pending in the same case because the lower court had improperly sentenced Smith to a greater term of imprisonment than the law allowed, thus rendering Smith ineligible for an appeal bond.

Summary of this case from Kandola v. State

In Ex parte Wakefield, 447 So.2d 1324 (Ala.Crim.App.1983), we granted a writ of mandamus while an appeal was pending in the same case because the lower court had improperly sentenced Smith to a greater term of imprisonment than the law allowed, thus rendering Smith ineligible for an appeal bond.

Summary of this case from Ex parte Kandola
Case details for

Ex Parte Wakefield

Case Details

Full title:Ex parte David WAKEFIELD. (Re: STATE of Alabama v. David WAKEFIELD)

Court:Court of Criminal Appeals of Alabama

Date published: May 9, 1983

Citations

447 So. 2d 1324 (Ala. Crim. App. 1983)

Citing Cases

Wakefield v. State

Sentence was set at ten years' imprisonment. Ex parte Wakefield, 447 So.2d 1325 (Ala.Cr.App. 1983). Wakefield…

Kandola v. State

This Court has recognized only one situation where an appeal was not adequate to prevent undue injury to the…