Spencer v. State

I respectfully dissent from the majority’s order dismissing Joe Louis Spencer’s appeal based on its determination that the circuit court did not have jurisdiction to deny Spencer’s motion for reconsideration of his sentence filed pursuant to § 13A-5-9.1, Ala.Code 1975. In reaching this determination, the majority has declined to extend the “prisoner-mailbox rule” to such motions for sentence reconsideration.

Section 13A-5-9.1 was repealed by Act No. 2014-165, p.‘ 472, § 1, Ala. Acts 2014, effective March 13, 2014. In repealing that section, the legislature provided that the act was prospective…