Buchannon v. State of Alabama

March 23, 2012

Thomas Buchannon pleaded guilty to theft of property in the first degree in 1997. His sentencing declared him as a habitual felony offender life imprisonment. Buchannon filed a motion for reconsideration of his sentence. The court denied his motion. Buchannon appealed.

Decision: Remanded. As stated by the Habitual Felony Offender Act, a Class A felony with no other Class A convictions, and who has been sentenced to life imprisonment under stated act, convictions of a Class B felony were allowed to seek for resentencing. Three requirements must be met in order to qualify for resentencing: One, the individual was sentenced before May 25, 2000. Two, individual was sentenced to life imprisonment without possibility of parole. Three, the individual had no previous Class A felony convictions or was sentenced to life imprisonment. Buchannon is filing for a reconsideration of a Class B felony for theft of property in the first degree. In this case, the court mistakenly concluded Buchannon was unable to file a motion for reconsideration.