Bozeman v. State

The appellant, Patrick Bozeman, entered guilty pleas and was found guilty on two charges of distribution of a controlled substance. For each conviction he was sentenced as a habitual felony offender with two prior felony convictions to serve 15 years in the penitentiary. The two 15-year sentences were to be served concurrently. Additionally, each sentence was enhanced five years pursuant to the mandatory sentence enhancement provision of § 13A-12-250, Ala. Code 1975 (sale within three miles of a school). The mandatory portions of each sentence were ordered to be served consecutively, as required by law. The State filed a motion asking the trial court to reconsider and/or amend the appellant's sentence. The State argued in this motion that the trial court should ""sentence the defendant to 10 years (consecutive five-year sentences) pursuant to § 13A-12-250 and suspend the concurrent 15-year sentences."" According to the State, ""The state and the defendant felt that this was an appropriate sentence based upon the small amount of drugs involved and the defendant's cooperation with authorities."" R. 32. After a hearing on the State's motion, the trial court suspended each 15-year sentence, leaving only the 10-year mandatory portion of the sentence to be served.