Peake v. State

WELCH, Judge.

Jonathon Lee Peake1 appeals from his conviction, pursuant to a guilty plea, for manslaughter for driving his car while he was intoxicated and causing a head-on collision that resulted in the death of the driver of the other vehicle. § 13A-6-3(a)(1), Ala.Code 1975. The trial court sentenced Peake to 15 years’ imprisonment; that sentence was split, and he was ordered to serve 3 years’ imprisonment and 3 years on probation. We reverse.

The circumstances leading up to Peake’s guilty plea are vital to an understanding of our holding, so we set them out in detail. Peake was indicted on…