Benefield v. State

Alvin Dwight Benefield pleaded guilty to, and was convicted of, first degree burglary and first degree assault. He was sentenced to concurrent terms of imprisonment of fifteen years and ten years. On this appeal, he argues that his guilty plea was involuntary under Carter v. State, 291 Ala. 83,277 So.2d 896 (1973), because he was not informed of the correct range of punishment for first degree burglary.

The trial judge erroneously informed Benefield that burglary in the first degree was a Class B felony with a sentence of not less than two nor more than twenty years' imprisonment. First degree…