Smith v. State

BOWEN, Judge.

The defendant was indicted and convicted for trafficking in cannabis in violation of Alabama Code 1975, Section 20-2-80. Sentence was three years’ imprisonment.

Appellate counsel has filed no brief and this case is due to be affirmed on authority of Rule 45B, A.R.A.P. However, this case must be remanded for proper sentencing. The defendant must be sentenced to “a mandatory minimum term of imprisonment of three calendar years and to pay a fine of $25,000.00.” Section 20-2-80(l)(a) (emphasis added).

Additionally, the trial judge had no authority to suspend sentence pending appeal.…