Conner v. State

SHAW, Judge.

Pursuant to a plea agreement with the State, Barry Lydell Conner pleaded guilty to escape in the third degree, a violation of § 13A-10-33, Ala.Code 1975. In accordance with the plea agreement, he was sentenced, as a habitual offender, to 10 years’ imprisonment; the sentence was split and he was ordered to serve 3 years in confinement followed by 5 years on probation.

Before pleading guilty, Conner expressly reserved the right to appeal the trial court’s denial of his motion to dismiss the indictment on the ground that his actions constituted the misdemeanor offense of failing to…