Hyde v. State

JOINER, Judge.

Christy Westbrook Hyde appeals the circuit court’s decision to depart from the non-prison dispositional recommendation of the presumptive sentencing standards (“the presumptive standards”), see § 12-25-34.2, Ala.Code 1975, and, instead, to sentence her to prison. We reverse and remand.

Facts and Procedural History

Hyde’s appeal involves the 2012 amendment to the Alabama Sentencing Reform Act of 2003, which is codified at §§ 12-25-30 to -38, Ala.Code 1975. Before the 2012 amendment, the Alabama Supreme Court explained:

“Section 12-25-31(a) states the legislature’s conclusion that…