Scott v. State

On Return to Remand *

JOINER, Judge.

Donald Raymond Scott appeals the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. As addressed below, Scott’s underlying sentence is illegal; accordingly, we remand this matter for further proceedings.

In November 2006, Scott was convicted of unlawful distribution of a controlled substance, see § 13A-12-211, Ala.Code 1975, and was sentenced to 20 years’ imprisonment; Scott’s sentence was suspended, and Scott was ordered to serve 5 years on probation. In March 2008, Scott’s probation was extended for an additional two…