Johnnie C. Bethea v. State of Alabama
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REL 04/04/2008 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2007-2008 _________________________ CR-07-0166 _________________________ Johnnie C. Bethea v. State of Alabama Appeal from Baldwin Circuit Court (CC-06-330) BASCHAB, PRESIDING JUDGE Pursuant to a negotiated agreement, the appellant, Johnnie C. Bethea, pled guilty to felony driving under the influence ("felony DUI"), a violation of ยง32-5A-191(a) and (h), Ala. Code 1975. The trial court sentenced him to serve CR-07-0166 a term of eight years in prison. a $5,000 fine. It also ordered him to pay The appellant filed a pro se motion to withdraw his guilty plea, which the trial court summarily denied. This appeal followed. The appellant argues that the trial court erroneously denied his motion to withdraw his guilty plea. In his motion, he contended that trial counsel told him he would be placed on probation for two years. The State did not refute the appellant's specific claim. Also, the trial court did not make any findings of fact regarding the appellant's specific claim. Because the appellant raised a claim that may be meritorious, the trial court is in the best position to make findings of fact regarding that claim. this case to that court Therefore, we remand with instructions specific, written findings of fact that it make as to the claim the appellant raised in his pro se motion to withdraw his guilty plea. See Vinnie v. State, 866 So. 2d 1175 (Ala. Crim. App. 2002); Stallings v. State, 793 So. 2d 867 (Ala. Crim. App. 2000); Tubbs v. State, 753 So. 2d 1209 (Ala. Crim. App. 1999). On remand, the trial court may order the State to respond to the appellant's specific claim 2 and/or may conduct an CR-07-0166 evidentiary hearing on that claim. If the trial court determines that the appellant is entitled to relief, it may order such relief. The trial court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 42 days after the release of this opinion. The return to remand shall include the trial court's specific, written findings of fact; a copy of the State's response, if any; and a transcript of the remand proceedings, if any, conducted by the trial court. REMANDED WITH INSTRUCTIONS. McMillan, Shaw, Wise, and Welch, JJ., concur. 3
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