Vinson v. State

On January 16, 2005, Ken Murphy Vinson filed a motion pursuant to § 13A-5-9.1, Ala. Code 1975, asking the circuit court to reconsider his 1993 sentence of life imprisonment imposed after a conviction for escape in the first degree, a Class B felony. See §13A-5-9(c)(2), Ala. Code 1975. The motion was Vinson's first motion for sentence reconsideration; it was filed in the appropriate court (the Elmore Circuit Court) and was properly assigned to the original sentencing judge, Judge John B. Bush.

After obtaining Vinson's prison records from the Department of Corrections ("DOC"), the circuit court…