Spencer v. State

On Remand from the Alabama Supreme Court

WELCH, Judge.

Joe Louis Spencer filed a motion for sentence reconsideration under § 13A-5-9.1, Ala. Code 1975, and Kirby v. State, 899 So.2d 968 (Ala. 2004). The motion stated that it was deposited in the prison-system mailbox on March 6, 2014. The motion was not received by and filed in the circuit clerk’s office until March 23, 2015. On March 27, 2015, the circuit court denied Spencer’s motion because it was “filed” after March 13, 2014, the effective date of Act No. 2014-165, Ala. Acts 2014, which repealed § 13A-5-9.1, Ala. Code 1975, for all cases in…