BLOW v. STATE

3 Div. 192.

274 So.2d 652 (1973)

Dan BLOW, alias v. STATE.

Court of Criminal Appeals of Alabama.

March 13, 1973.


Attorney(s) appearing for the Case

Elno A. Smith, Jr., Montgomery, for appellant.

William J. Baxley, Atty. Gen., and James L. Hunt, Tuscumbia, Special Asst. Atty. Gen., for the State.


DeCARLO, Judge.

On November 17, 1971, Dan Blow pleaded guilty to a charge of illegal sale of narcotics. This plea was the result of an agreement with the District Attorney wherein the accused was to receive three years and a continuance until February for sentencing. The appellant failed to appear on the February date, and was sentenced to five years on June 12, 1972.

In sentencing the appellant, the judge acknowledged the three year agreement, but because...

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