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555 So. 2d 308

Nobles v. State

Court of Criminal Appeals of Alabama

Decided September 29, 1989

Court of Criminal Appeals of Alabama · decided 1989-09-29

Cited by 4 later decisions — most recently January 2003

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-29

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MeMILLAN, Judge.

¶1The appellant was convicted of trafficking in cannabis and was sentenced to 17 years’ imprisonment. However, the trial court failed to impose the $25,000 fine which is mandated by § 20-2-80(1)(a), Code of Alabama (1975). That statute deals with sentencing for cases involving “trafficking in cannabis, cocaine, etc.” It states as follows (in pertinent part):

“Any person who knowing sells ... delivers, or brings into this state or who is knowingly in actual or constructive possession of in excess of one kilo or 2;2 pounds of cannabis is guilty of a felony, which felony shall be known as ‘trafficking in cannabis.’ If the quantity of cannabis involved:
“a. is in excess of one kilo or 2.2 pounds, but less than 2,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of $25,000.00.”

¶2Because the mandatory fine was not imposed by the trial court, this cause is remanded with orders for the $25,000 fine to be imposed.

¶3REMANDED WITH INSTRUCTIONS.

All Judges concur.
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