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409 So. 2d 926

Hall v. State

Court of Criminal Appeals of Alabama

Decided October 27, 1981

Court of Criminal Appeals of Alabama · decided 1981-10-27

Relies on B. F. Goodrich Co. v. Butler · 56 Ala. App. 704 - English v. State · 49 Ala. App. 623 - Blow v. State

Decided 1981-10-27

BOWEN, Judge.

¶1On his plea of guilty the defendant was convicted and sentenced to ten years’ imprisonment for the crime of sexual abuse in the first degree.

¶2It is undisputed that the trial judge refused to follow the recommendation in the plea bargain and further refused to allow the defendant the opportunity to withdraw his plea after a timely request. This was contrary to the holdings of this Court in Griswold v. City of Enterprise, 384 So.2d 1219 (Ala.Cr.App.1980), and English v. State, 56 Ala.App. 704, 325 So.2d 211, cert. denied, 295 Ala. 401, 325 So.2d 216 (1975), and constitutes reversible error. See also Blow v. State, 49 Ala.App. 623, 274 So.2d 652 (1973).

¶3The judgment of the Circuit Court is reversed and the cause remanded.

¶4REVERSED AND REMANDED.

All Judges concur.
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