Acree v. State

ON THIRD APPLICATION FOR REHEARING

This court's opinion of October 20, 1995, is hereby withdrawn and the following opinion is substituted therefor.

This case was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17, 1995.

The appellant, Johnny Jerome Acree, pleaded guilty to unlawful possession of marijuana in the first degree, a violation of § 13A-12-213, Code of Alabama 1975. He was sentenced to 15 years' imprisonment as a habitual offender.

The appellant claims that his guilty plea was not knowingly or voluntarily entered…