MINOR v. STATE (2025)

AFFIRMED BY UNPUBLISHED MEMORANDUM.

I concur in the unpublished memorandum insofar as it affirms Barbara A. Minor's conviction for second-degree financial exploitation of an elderly person, see § 13A-6-196, Ala. Code 1975. However, I would remand this case for the imposition of a split sentence in compliance with the provisions of §§ 13A-5-6 and 15-18-8, Ala. Code 1975, in effect at the time of Minor's offense.

Second-degree financial exploitation of an elderly person is a Class C felony. § 13A-6-196(b). At the time of Minor's offense, the range of imprisonment for a Class C felony was “not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5.” Former § 13A-5-6(a)(3) (emphasis added).¹ At that time, former § 15-18-8(b) stated, in relevant part:

“[W]hen a defendant is convicted of an offense that constitutes a Class C ․ felony offense and receives a sentence of not more than 15 years, the judge presiding over the case shall order that the convicted defendant be confined in a prison ․ for a Class C felony offense ․ for a period not exceeding two years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for a period not exceeding three years and upon such terms as the court deems best.”

(Emphasis added.)

I do not believe that Minor's straight sentence of one year and one day complies with the requirements of former § 15-18-8(b). Therefore, I respectfully dissent from the unpublished memorandum insofar as it affirms her sentence.

FOOTNOTES

1.   Minor was not sentenced pursuant to Section 13A-5-9, Ala. Code 1975, nor was she convicted of a sex offense pursuant to Section 15-20A-5, Ala. Code 1975.

ANDERSON, Judge.

Cole and Minor, JJ., concur. Windom, P.J., concurs in part and dissents in part, with opinion, which Kellum, J., joins.