Code of Alabama
Ala. Code § 13A-5-5 (2026)
Presentence Investigation.
✓ official Alabama Legislature (ALISON) text, current July 2026
There shall be a presentence or postsentence investigation report completed and filed on every defendant convicted of a felony offense after March 10, 2006, and such report shall be in an electronic format. On motion of the court or written motion of either party, the court shall require a written report of a presentence investigation of a defendant convicted of a felony, and such defendant shall not be sentenced or otherwise disposed of before such report has been presented to and considered by the court.
(Acts 1977, No. 607, p. 812, §1220; Act 2006-218, p. 376, §1.)
Notes of Decisions
Cited in 12
cases, 1983–2017 · leading case: Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996).
Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996). “He states that this "improper information" included "nonstatutory aggravating evidence" about his juvenile record.”
Bush v. State, 92 So. 3d 121 (Ala. Crim. App. 2009). “On direct appeal we stated: “The presentence report was prepared and filed in accordance with ■§ 13A-5-5; § 13A-5-47(b)[, Ala.Code 1975]; and Rule 26.”
McMillian v. State, 594 So. 2d 1253 (Ala. Crim. App. 1991). “See § 13A-5-5, Ala.Code 1975; A.R.Cr.P. 26.3(b).”
Arthur v. State, 711 So. 2d 1031 (Ala. Crim. App. 1996). “There is no evidence that the trial court considered any nonstatutory aggravating evidence.”
Arrington v. State, 513 So. 2d 40 (Ala. Crim. App. 1987). “" Alabama Criminal Code, § 13A-5-5 provides: "On motion of the court or written motion of either party, the court shall require a written report of a presentence investigation of a defendant convicted of a felony, and such defendant shall not be sentenced or otherwise disposed…”
Summerhill v. State, 436 So. 2d 2 (Ala. Crim. App. 1983). “" Diametrically opposed to appellant's new argument is Alabama Criminal Code § 13A-5-5: "On motion of the court or written motion of either party, the court shall require a written report of a presentence investigation of a defendant convicted of a felony, and such defendant…”
Dumas v. State, 611 So. 2d 426 (Ala. Crim. App. 1992). “That report contained the hearsay information that “[t]he possibility remains that charges will be filed against Dumas in Mobile concerning the check [for $948] she forged on the Smalley account,” and that Mr.”
Stowe v. Ala. Bd. of Pardons & Paroles, 245 So. 3d 610 (Ala. Civ. App. 2017). “1 See § 13A-5-5, Ala. Code 1975 (requiring a "presentence or postsentence investigation report [to be] completed and filed on every defendant convicted of a felony offense").”
Howington v. State, 568 So. 2d 351 (Ala. Crim. App. 1990). “Neither Section 13A-5-5, Code of Alabama 1975 (presentence investigation), nor Rule 3, A.”
Young v. State, 472 So. 2d 1139 (Ala. Crim. App. 1985). “The appellant, citing § 13A-5-5, Code of Alabama 1975, now claims that the trial judge erred by failing to mention the fact that he had considered the presentence report during this sentence hearing.”
Smith v. State, 443 So. 2d 1347 (Ala. Crim. App. 1983). “First of all, defense counsel failed to make a written motion for a pre-sentence investigation as required by § 13A-5-5, *1351 Code of Alabama 1975, until after the sentence had been imposed.”
Young v. State, 598 So. 2d 1060 (Ala. Crim. App. 1992). “Thus, where Young failed to make a written motion for a presentence *1062 report, the provisions of § 13A-5-5 have not been violated and the court cannot be held in error.”
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