Concurrent sentencing

[stormchaser]

Alabama- made a plea on 2 sentences and a split is given with one year to serve per DA letter. Judge told us and our counsel a one year sentence and he would also give credit for time already spent in jail. 2 days served on one case and 190 on another. Why then, is the person having to serve 1 1/2 years instead of what judge and attorney told them? Is there any course of action to take since judge and attorney did not disclose the "hitch"? Grossly misrepresented by court about one year to serve, otherwise, may not have entered the plea. Anyone advise on this? Thanks....Storm

[seniorjudge]

Originally Posted by stormchaser

Alabama- made a plea on 2 sentences and a split is given with one year to serve per DA letter. Judge told us and our counsel a one year sentence and he would also give credit for time already spent in jail. 2 days served on one case and 190 on another. Why then, is the person having to serve 1 1/2 years instead of what judge and attorney told them? Is there any course of action to take since judge and attorney did not disclose the "hitch"? Grossly misrepresented by court about one year to serve, otherwise, may not have entered the plea. Anyone advise on this? Thanks....Storm

You may certainly file for postconviction relief if you wish, but from your description it sounds like there was a two year sentence, 1 1/2 served in full.

Unless in the judge's sentencing, the magic words, "The sentence on both to run concurrently," then that's what it was.

Anyway, the judge is not bound by the prosecutor plea arrangement.

The judge, in the documents you signed, I suspect told you that.

Look again at the court file. I'll bet it's all there.

[stormchaser]

Actually, both case summaries say that each case will run concurrently with the other and all other pleas on that same date. It would seem logical that a 1 year sentence is a 1 year sentence, minus any jail time spent.