Wesley v. State

Faced with a charge of first degree robbery, Paul Wesley pleaded guilty to attempted robbery and was sentenced by the trial court, accordingly, to five years' imprisonment in the penitentiary.

This cause must be reversed on the authority of Petty v.State, 414 So.2d 182 (Ala.Cr.App. 1982). Appellant's "attempted robbery" conviction is invalid. The appellant was indicted for first-degree robbery under § 13A-8-41, Code of Alabama 1975. Pursuant to a "plea bargain," the appellant agreed to plead guilty to "attempted robbery." The trial court accepted this plea and implicitly pronounced judgment of…