State of Alabama v. Marvin Bernard McMilliam

Mobile, Alabama criminal defense lawyer represented the Defendant who was charged with driving under the influence (DUI).



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Legal issue Did the trial court err in not holding an evidentiary hearing on a motion to suppress blood-draw evidence and was the imposed sentence for unlawful possession of a controlled substance illegal under the presumptive sentencing guidelines?

Headnote



CRIMINAL LAW. SUPPRESSION OF EVIDENCE. The case discusses whether the trial court improperly denied the defendant's oral motion to suppress evidence without holding a required evidentiary hearing, focusing on the specifics needed for such motions under Alabama law and rules.



CRIMINAL LAW. SENTENCING. The appeal addressed the illegality of a sentence imposed for unlawful possession of a controlled substance, in light of Alabama's presumptive sentencing guidelines, necessitating a vacated sentence and potential withdrawal of the guilty plea.



CRIMINAL PROCEDURE. PLEA AGREEMENTS. The case further involves the implications of an illegally imposed sentence within the context of a plea agreement, emphasizing the defendant's right to withdraw the plea under the circumstances of a revised sentencing.



Key Phrases Driving under the influence. Formal probation. Blood-alcohol concentration. Controlled substance conviction. Evidentiary hearing.

The Defendant was found guilty and was sentenced to one year in prison.



Affirmed