Page 440
Appeal
from Madison Circuit Court (CC-18-602)
Justin
T. Nance, Huntsville, for appellant.
Steve
Marshall, atty. gen., and Jack W. Willis, asst. atty. gen.,
for appellee.
MINOR,
Judge.
Gregory
Blane Laakkonen pleaded guilty on June 26, 2018, to
possession of a controlled substance, see §
13A-12-212, Ala. Code 1975, a Class D felony. The circuit
court sentenced him to 24 months' confinement in the
county jail. Laakkonen appeals, challenging his sentence and
the circuit court's denial of his motion to withdraw his
guilty plea.
Before
Laakkonen pleaded guilty, the circuit court addressed
Laakkonen and his defense counsel.
"You are charged, sir, with possession of a controlled
substance, which is a Class D felony, which statutorily has a
range of punishment of not less than— not more than
five years nor less than a year and a day with the department
of corrections and a fine not to exceed $7,500. "....
"Okay. Now, this is subject to the sentencing
guidelines, and as it relates to
Page 441
you, it has a presumptive sentence range of 15 to 97 months
on a straight sentence or 8 to 27 months on a split
sentence. Now there is a notation here that you have two
prior felony convictions. Is there a stipulation or
agreement in that regard?"
(R. 2-3.) Laakkonen affirmed that there was an agreement
regarding his two prior felony convictions. The circuit court
continued:
"Okay. All right. And the reason why I ask that is that
is taken into account in coming up with this presumptive
sentence range. Now, as we indicated, the way that this is
scored, non-prison versus prison, you scored in the prison
range, but since it is a Class D felony underneath the
presumptive sentence standards that— since you have
two prior felony convictions, it is a community corrections,
probation, depending upon what the Court decides, okay."
(R. 3-4.) After Laakkonen pleaded guilty, the circuit court
set a sentencing hearing for August 23, 2018.
Before
the sentencing hearing, a "Drug Prison In/Out
Worksheet" and a "Drug Prison Sentence Length
Worksheet" were completed for Laakkonen and provided to
the circuit court. See Presumptive and Voluntary
Sentencing Standards Manual (2016). Laakkonen received a
score of 9 on his In/Out Worksheet, which placed him in the
"prison" range for sentencing. On the Sentence
Length Worksheet Laakkonen received scores for, among other
things, having two prior adult felony Class C convictions.
His total score on the Sentence Length Worksheet was 107,
which gave him a presumptive sentence range of 15 to 97
months on a straight sentence and 8 to 27 months on a split
sentence. (Supp. 30); see also Presumptive and Voluntary
Sentencing Standards Manual 45.
At the
sentencing hearing, the circuit court discussed the
presentence investigative report, portions of the Presumptive
and Voluntary Sentencing Standards Manual, and §
15-18-8, Ala. Code 1975. The circuit court noted that
Laakkonen had a criminal history that went back to 1975 and
advised Laakkonen that "the worksheet involved in this
matter indicates that this is a prison event and that the
presumptive sentence range for you is 15 to 97 months on a
straight sentence and 8 to 27 months on a split
sentence." Laakkonen's counsel advised the circuit
court that "§ 15-18-8 suggests that the court shall
sentence to community corrections." The circuit court
read aloud portions of the presumptive sentencing standards
manual and portions of § 15-18-8, Ala. Code 1975, before
orally pronouncing sentence upon Laakkonen. "So having
previously found you guilty of Possession of a Controlled
Substance, it's the sentence of this Court that you serve
24 months in the Madison County jail." (R. 13-16,
20-21.) The circuit court entered a written sentencing order
to that effect.[1] The circuit court did not split
Laakkonen's sentence. Laakkonen's subsequent motion
to withdraw his guilty plea was denied.
Laakkonen
argues on appeal that his sentence was illegal because, he
says, it was not in accordance with the presumptive
sentencing standards. He contends that the circuit court
improperly sentenced him to 24 months in the county jail and
that the circuit court did not split Laakkonen's
Page 442
sentence in conformance with ยง 15-18-8(b), Ala. Code
1975. Laakkonen also argues that, because he was not advised
of the correct sentence range he could receive for his
conviction, the circuit court erred in denying
Laakkonen's motion to withdraw his guilty plea. The State
...