DOCUMENT 625

ELECTRONICALLY FILED
10/23/2023 11:57 AM
44-CC-2019-000476.00
CIRCUIT COURT OF
LIMESTONE COUNTY, ALABAMA
BRAD CURNUTT, CLERK
IN THE CIRCUIT COURT OF LIMESTONE COUNTY, ALABAMA

STATE OF ALABAMA )
)
v. ) CASE NO. CC-2019-0476
)
MICHAEL ANTHONY BLAKELY, )
)
Defendant. )

State’s Notice of Absence of Jurisdiction

The State of Alabama respectfully notifies this Court that it lacks jurisdiction to

consider Defendant Michael Anthony Blakely’s motion to amend, clarify, or otherwise

modify his criminal sentence. Doc. 621. Alabama law holds that a trial court loses

jurisdiction to modify a criminal sentence once thirty days have passed from when the

sentence was pronounced. Because Blakely was sentenced more than two years ago, this

Court has no jurisdiction to consider his request.1 Accordingly, the State asks this Court to

take no action on the matter.

Alabama Rule of Criminal Procedure 24 provides a thirty-day window for a motion

for a new trial to be filed after a sentence is pronounced. Blakely cannot escape this rule

by styling his motion as one to clarify, modify, or amend his sentence. A “motion to alter,

amend, or vacate a sentence is the functional equivalent of a motion for a new trial and

‘should be treated the same procedurally as a motion for new trial or a motion in arrest of

1
While it is true that Blakely filed a motion a new trial within thirty days of his sentence (Doc. 455),
that is not a basis for never-ending jurisdiction for subsequent motions for a new trial. Moreover,
the trial court disposed of Blakely’s motion in an order denying his requested relief. Doc. 463.
 DOCUMENT 625

judgment.’” State v. Monette, 887 So. 2d 314, 315 (Ala. Crim. App. 2004) citing Melvin v.

State, 583 So. 2d 1365, 1366 (Ala. Crim. App. 1991). While there are two exceptions to

this rule, neither apply here. First, Blakely cannot invoke Alabama Code § 15-18-8, which

permits a sentencing court to reconsider a split sentence as opposed to a straight sentence.

As this Court is aware, Blakely is serving a three-year straight sentence. Doc. 440. Second,

Alabama Rule of Criminal Procedure 26.12 permits a court to convert consecutive

sentences to concurrent sentences. Because Blakely’s sentences are already running

concurrently, this provision does not provide him any relief.

For those reasons, no jurisdiction exists to amend, modify, clarify, or otherwise

adjust Blakely’s sentence. The State therefore asks this Court to take no action.

Respectfully submitted on this 23rd day of October, 2023.

STEVE MARSHALL
Attorney General

s/ Kyle Beckman
Kyle Beckman
Assistant Attorney General

STATE OF ALABAMA
OFFICE OF THE ATTORNEY GENERAL
501 Washington Avenue
Montgomery, AL 36104
(334) 353-2619
Kyle.Beckman@AlabamaAG.gov

2
 DOCUMENT 625

CERTIFICATE OF SERVICE

I certify that on October 23, 2023, I electronically filed the foregoing by using the
AlaFile system, which will send notification of such filing to all counsel of record.

s/ Kyle Beckman
Assistant Attorney General