Guilty plea does not extinguish all appellate issues, and right to appeal cannot be totally extinguished: WINDSOR V. COM. (SC 4/24/2008)

WINDSOR V. COM
CRIMINAL:  Right to appeal
2007-SC-000039-MR.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, REMANDING
OPINION BY SCHRODER
JEFFERSON COUNTY
DATE RENDERED: 4/24/2008 – 78

SC reversed the trial court’s order of December 13, 2006, which amended the November 17, 2006, judgment to delete the right to appeal.  SC remanded for reinstatement of the November 17, 2006, "Judgment of Conviction and Sentence".  The amended judgment, to the extent that it extinguishes his constitutional right to appeal, constitutes error.   While an unconditional guilty plea waives the right to appeal many constitutional protections as well as the right to appeal a finding of guilt on the sufficiency of the evidence, there are some remaining issues that can be raised in on appeal. These include competency to plead guilty, whether the plea complied with the requirements of Boykin v. Alabama, subject matter jurisdiction and failure to charge a public offense, and sentencing issues.

Digested by Scott Byrd, Olgin and Byrd Attorneys