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ALABAMA v. SMITH

No. 88-333.

490 U.S. 794 (1989)

109 S.Ct. 2201

104 L.Ed.2d 865

ALABAMA v. SMITH

Supreme Court of United States.

Decided June 12, 1989

Attorney(s) appearing for the Case

P. David Bjurberg, Assistant Attorney General of Alabama, argued the cause for petitioner. With him on the briefs were Don Siegelman, Attorney General, and Rosa Hamlett Davis and J. Randall McNeill, Assistant Attorneys General.

Paul J. Larkin, Jr., argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Bryson, Assistant Attorney General Dennis, and Lawrence S. Robbins.

Delores R. Boyd, by appointment of the Court, 489 U.S. 1063, argued the cause and filed a brief for respondent.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

James Lewis Smith pleaded guilty to charges of burglary and rape. In exchange for the plea, a sodomy charge was dropped. Later, Smith succeeded in having his guilty plea vacated. He went to trial on the three original charges, was convicted on each, and received a longer sentence on the burglary conviction than had been given after his guilty plea. The Alabama Supreme Court held that this increased sentence...

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