Opinion

Morgan v. State

  • 733 So. 2d 940
  • 1999 WL 13564
Court
Court of Criminal Appeals of Alabama
Filed
Jan 15, 1999
Status
Published
Author
Cobb
On the bench
Cobb, McMillan
Cited by
6 cases
Authority
More cited than 15.1%

"The requirement that there has been an `adjudication of guilt' does not require exact and specific terminology in order to satisfy the requirements of the HFOA. Giving this statute its practical application, where the record shows that the appellant pleaded guilty in court in the presence of his attorney and a sentencing order was then filed, as acknowledged by the circuit court, this must be construed as an adjudication of guilt in order `to prevent absurdity, hardship, or injustice, and to favor public convenience.' Baker v. State, 483 N.E.2d 772, 774 (Ind.App. 1985)." (Footnote omitted.)

How later courts described this case

  • "The requirement that there has been an `adjudication of guilt' does not require exact and specific terminology in order to satisfy the requirements of the HFOA. Giving this statute its practical application, where the record shows that the appellant pleaded guilty in court in the presence of his attorney and a sentencing order was then filed, as acknowledged by the circuit court, this must be construed as an adjudication of guilt in order `to prevent absurdity, hardship, or injustice, and to favor public convenience.' Baker v. State, 483 N.E.2d 772, 774 (Ind.App. 1985)." (Footnote omitted.)
  • overruling Hurth v. State, 688 So.2d 275 (Ala.Crim.App.1995)

Written by the judges who cited it.

The opinion

I applaud the majority for deciding to overrule Hurth v. State, 688 So.2d 275 (Ala.Cr.App. 1995), which I have always believed was an incorrect holding. As the author of the dissent in Hurth, I am pleased that we have taken advantage of the opportunity to correct the hypertechnical interpretation of the Habitual Felony Offender Act applied in that case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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