from Baldwin Circuit Court. (CC11-1971.73).
Appellant: Leonard F. Mikul, Bay Minette.
Appellee: Luther Strange, atty. gen., and William D. Dill,
asst. atty. gen.
Judge. Welch, Kellum, and Joiner, JJ., concur. Windom, P.J.,
Ruth Belote appeals the Baldwin Circuit Court's
revocation of her probation. Belote pleaded guilty on January
24, 2012, to the unlawful manufacture of a controlled
substance, a violation of § 13A-12-218, Ala. Code 1975,
and was sentenced to 16 years' imprisonment. Her sentence
was suspended, and she was ordered to serve five years'
September 24, 2014, the circuit court conducted a
probation-revocation hearing at which Belote admitted to the
following: 1) failing to pay court-ordered moneys; 2) failing
to appear at a probation-revocation hearing on February 12,
2014; 3) failing to report to her court-referral officer; 4)
failing to submit to drug screens; 5) being arrested for
giving a false name to a law-enforcement officer; and 6)
testing positive for methamphetamine on the day of the
probation-revocation hearing. The circuit court issued a
written order revoking Belote's probation based on the
appointed counsel has filed a brief in substantial compliance
with Anders v. California, 386 U.S. 738, 87 S.Ct.
1396, 18 L.Ed.2d 493 (1967). Counsel stated that he reviewed
the record of the proceedings, the applicable statutes, and
caselaw and that he could find no viable issues to advance on
appeal. This Court issued an Anders order on December 17,
2014. After being given an opportunity to do so, Belote
failed to identify any additional points or issues for
consideration by this Court.
first recognize that, although the legality of Belote's
sentence was not first raised in the circuit court, we have
held that " [m]atters concerning unauthorized sentences
are jurisdictional," Hunt v. State,
659 So.2d 998, 999 (Ala.Crim.App. 1994), and this Court may
take notice of an illegal sentence at any time. See, e.g.,
Pender v. State, 740 So.2d 482 (Ala.Crim.App. 1999).
previously stated, Belote pleaded guilty to unlawful
manufacture of a controlled substance and was sentenced to 16
years' imprisonment. Her sentence was suspended and she
was ordered to serve five years' probation. Section
15-22-50, Ala. Code 1975, provides, in part:
" Circuit courts ... may suspend execution of sentence
and place on probation any person convicted of a crime in any
court exercising criminal jurisdiction. The court shall have
no power to suspend the execution of sentence imposed upon
any person who has been found guilty and whose punishment is
fixed at death or imprisonment in the penitentiary for more
than 15 years."
(Emphasis added.) In the present case, because the circuit
court imposed a sentence of 16 years' imprisonment,
pursuant to § 15-22-50, the circuit court was without