DOCUMENT 627

ELECTRONICALLY FILED
10/24/2023 10:41 AM
44-CC-2019-000476.00
CIRCUIT COURT OF
LIMESTONE COUNTY, ALABAMA
BRAD CURNUTT, CLERK
IN THE CIRCUIT COURT FOR LIMESTONE COUNTY, ALABAMA
CRIMINAL DIVISION

STATE OF ALABAMA )(
)(
Vs. )( CC2019-476
)(
MICHAEL A. BLAKELY )(

_____________________________________________________________________

DEFENDANT’S RESPONSE TO STATE’S

“NOTICE OF ABSENCE OF JURISDICTION”

COMES NOW Mike Blakely in response to the State’s “Notice of Absence of

Jurisdiction”, and submits the following:

1. The Circuit Court with jurisdiction for sentencing in this case has continuing
jurisdiction throughout the term of his sentence, to order that his custody be transferred
to the Limestone County Community Corrections Program, as long as his conviction
offense and sentence make him eligible, and “he is currently incarcerated in a
correctional institution”, Ex parte State of Alabama v. Friendly, 291 So.2d 1211, 1212,
Ala. Crim App. 2018.

2. Likewise, “an issue concerning subject-matter jurisdiction or illegal sentence may

be challenged at any time”. Id. The Alabama Presumptive Sentencing Guidelines
required that a split sentence of six to twelve months be ordered for incarceration to be
ordered in this case. Blakely challenges the legality of this omission in the sentencing
order.

3. Blakely’s sentencing order has been misinterpreted illegally, by the Alabama

Department of Corrections and the Alabama Board of Pardons & Paroles and we
challenge the legality of both the sentence and of its illegal misinterpretation, such that
this Court has retained both subject-matter jurisdiction and jurisdiction to determine his
eligibility for Community Corrections

WHEREFORE, THE FOREGOING PREMISES CONSIDERED, Mike Blakely

respectfully requests that this Court set a hearing to rule on his motions.

Requested on this 24th day of October 2023.

 DOCUMENT 627

Lyn Head (DUR006)

3066 Zelda Rd. #377
Montgomery, AL 36106
334-425-3922
lynheadllc@gmail.com

Certificate of Service

I hereby certify that I have e-filed the foregoing Response, with electronic service
to all parties and/or their attorneys.

Lyn Head