Tillery v. State

The appellant, Henry Daniel Tillery, Jr., pleaded guilty to the unlawful distribution of marijuana, a violation of §13A-12-211, Code of Alabama 1975. He was sentenced to five years' imprisonment. The court split the sentence, requiring the appellant to serve 18 months in prison and the remainder of the sentence on supervised probation.

The appellant contends that the court erred in accepting his guilty plea because, he contends, a factual basis for the plea was not established on the record of the plea proceeding.

The state first argues that the appellant failed to preserve this issue for…