Goolsby v. State

Pursuant to petition here filed by the State of Alabama, this court granted a writ of certiorari directed to the Court of Appeals to send up its record in the foregoing cause for review and consideration by this court.

Petitioner asserts that the Court of Appeals “erred in holding that the record on appeal must show that the trial judge considered time served in prison by the appellant on a void judgment when sentencing said appellant after conviction on a new trial.”

We agree with the Court of Appeals that the trial judge committed error requiring remand, but not reversal, on allocutus, to…