Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bedell v. State

Alabama Court of Criminal Appeals

June 1, 2018

Levi Bedell
v.
State of Alabama

          Appeal from Russell Circuit Court (CC-02-759.60)

          WELCH, JUDGE.

         Levi Bedell appeals the circuit court's summary dismissal of his Rule 32, Ala. R. Crim. P., petition for postconviction relief. The petition challenged his July 22, 2003, conviction for first-degree sexual abuse, a violation of § 13A-6-66(a)(3), Ala. Code 1975, and his sentence upon application of the Habitual Felony Offender Act ("the HFOA") to 16 years' imprisonment.

         This Court affirmed Bedell's conviction and sentence on direct appeal in an unpublished memorandum issued on August 20, 2004. See Bedell v. State (No. CR-02-2288), 920 So.2d 608 (Ala.Crim.App.2004) (table).

         Bedell filed an in forma pauperis application, which was granted. The instant petition, Bedell's first, was deemed filed on October 29, 2017. He filed the standard Rule 32 form found in the appendix to Rule 32, Ala. R. Crim. P., and designated the grounds forming the basis for his petition by placing a checkmark in the spaces provided on the form, indicating that his petition sought relief under the provisions of Rule 32.1(b), i.e., that the trial court was without jurisdiction to render judgment or to impose sentence; and under Rule 32.1(c), i.e., that the sentence imposed exceeds the maximum authorized by law or is otherwise not authorized by law.

         Petitioner's Claim

         In his supplement to the petition, Bedell raised the following claim, which is quoted here verbatim:

"Bedell asserts that his sentence under the HFOA is illegal because his Georgia Prior [conviction] is not a conviction and it could not be used to enhance his sentence under the HFOA.
"On September 12, 2002, the Russell County Grand jury returned an indictment charging Bedell with one count[] of Sexual Abuse in the First Degree in violation of Section 13A-6-66, Code of Alabama 1975. He appeared before the court and pleaded not guilty.
"His trial was held on May 6, 2003, and the jury returned its verdict finding him guilty of Sexual Abuse in the First Degree as charged in the indictment.
"On July 22, 2003, Bedell was sentenced to 16 years in prison.
"As stated above, Bedell was indicted under Section 13A-6-66, Code of Alabama 1975. It provided in pertinent part:
"'....
"'(b) sexual abuse in the first degree is a Class C felony.'
"Section 13A-5-6(a)(3), Ala. Code 1975, provides that a person convicted of a class C felony shall be punished by 'Not more than 10 years or less than 1 year and 1 day.'
"Here Bedell states that he could only be sentenced to no more than 10 years or less than 1 year and 1 day in prison. However, his sentence was enhanced under the HFOA with a prior from the State of Georgia.
"In Columbus Georgia, Bedell was sentenced to 3 years probation for Theft. He was 17 years old[1] at that time. He was sentenced under Georgia First Offender law and he completed his 3 years probation. Therefore, his Georgia prior is not a conviction and could not be used to enhance his sentence under the HFOA.
"See Ginn v. State, 894 So.2d 793 (Ala Crim. App. 2004).
"Bedell's sentence is illegal and unauthorized under the HFOA.
"'Matters concerning unauthorized sentences are jurisdictional.' Hunt vs. State, 659 So.2d 998, 999 (Ala Crim. App. 1994).
"It is here that Bedell moves this court to set his Rule 32 Petition for a hearing and to order the State to file an ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.