Melvin Christopher Moss v. State of Alabama

Summary

The Alabama Court of Criminal Appeals reversed the denial of Melvin Christopher Moss's motion to withdraw his guilty plea to first-degree robbery. The court held that Moss was not correctly informed of the mandatory minimum sentence applicable because a firearm or deadly weapon was used, rendering his plea involuntary under Rule 14.4, Ala. R. Crim. P., and remanded for an opportunity to withdraw the plea and either enter another plea or proceed to trial.

Holdings

1. Before accepting a guilty plea, the court must inform the defendant of the correct minimum and maximum possible punishment, including any mandatory firearm or deadly-weapon enhancement. Because Moss was told that his minimum sentence was 15 years instead of the mandatory 20 years, the plea colloquy did not satisfy the constitutional and procedural requirements for a voluntary guilty plea.
2. The firearm enhancement applies to Moss because he pleaded guilty to first-degree robbery in which a firearm was used, regardless of whether he personally used the firearm during the robbery.
3. Moss's guilty plea was involuntary, and the circuit court abused its discretion by denying his motion to withdraw it. The judgment denying withdrawal had to be reversed and the case remanded so Moss could withdraw the plea and either enter another plea after receiving accurate sentencing advice or proceed to trial.

Questions Presented

1. Whether the circuit court abused its discretion by denying Moss's motion to withdraw his guilty plea when he had not been correctly informed of the mandatory minimum sentence applicable to a Class A felony committed with a firearm or deadly weapon.
2. Whether Moss's guilty plea was involuntary because the circuit court incorrectly advised him of both the statutory minimum sentence and the minimum sentence available under the voluntary sentencing standards.

Disposition

reversed_and_remanded