Hall v. State

I cannot agree to overrule Siercks v. State, 154 So.3d 1085 (Ala.Crim.App.2013), and Hawk v. State, 171 So.3d 96 (Ala.Crim.App.2014).

The holding in Siercks, an opinion that I authored, and subsequently in Hawk was not based on the fact that § 13A-12-281, Ala.Code 1975, is written in mandatory terms12 but (1) on the fact that § 13A-12-281 is a sentencing statute and it is well settled law that the imposition of a sen-fence outside the applicable statutory range of punishment, including the applicable statutory fine range, renders a.sentence illegal, which is a jurisdictional defect, see…