Ala. Code
Code of Alabama

Ala. Code § 14-3-38 (2026)

How Sentences to Be Served on Two or More Convictions; Effect of Convict’s Conduct Thereon.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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(a) When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be cumulative and shall be served consecutively, the first term thereof beginning to run from the date on which such prisoner is received at the penitentiary, reformatory or jail for service of the sentence or at some place of detention to await transportation to the place where his sentences are to be served and his second and subsequent terms, each, beginning on the expiration of the preceding term. When the judgment sentence contains a fixed order that the term shall run concurrently, such sentences shall run concurrently from the date on which such convict is received for serving of the sentences as prescribed above.

(b) In case the prison record of a convict serving two or more sentences consecutively is good, he shall be discharged at the expiration of the last term of imprisonment to which he was sentenced, less any deduction from the sentences accorded him pursuant to Sections 14-9-1 through 14-9-3.

(c) In case the prison record of a convict serving two or more sentences concurrently is good, he shall be discharged at the expiration of the longest term of imprisonment to which he was sentenced, less any deduction therefrom accorded him pursuant to Sections 14-9-1 through 14-9-3.

(d) In case the record of a prisoner during his term shall not have been good, the director, at his discretion, may revoke any or all of the deductions given under Sections 14-9-1 through 14-9-3, whether such convict is serving his terms of imprisonment concurrently or consecutively.

(Code 1852, §260; Code 1867, §3808; Code 1876, §4508; Code 1886, §4620; Code 1896, §4467; Code 1907, §6519; Code 1923, §3615; Acts 1932, Ex. Sess., No. 130, p. 163; Code 1940, T. 45, §32; Acts 1953, No. 832, p. 1124; Acts 1961, Ex. Sess., No. 82, p. 1998, §1.)

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1979–2026 · leading case: Brand v. State, 93 So. 3d 985 (Ala. Crim. App. 2011).
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Brand v. State, 93 So. 3d 985 (Ala. Crim. App. 2011). · cites it 15× “Brand contends, however, that the confinement portions of the two sentences must run consecutively under § 14-3-38, Ala.Code 1975. See also Rule 26.”
McLemore v. State, 562 So. 2d 639 (Ala. Crim. App. 1990). · cites it 2× “Ala.Code 1975, § 14-3-38; Rule 11, A.R.Crim.”
United States v. Timothy Curtis Ballard, 6 F.3d 1502 (11th Cir. 1993). “Like the Sentencing Guidelines, the Alabama statute does not address Ballard’s precise situation because it presumes multiple state convictions and does not consider state sentences relative to a federal sentencing court: "When a convict is sentenced to imprisonment in the…”
Sundberg v. Thomas, 13 So. 3d 43 (Ala. Crim. App. 2009). · cites it 3× “Pursuant to Code of Alabama § 14-3-38 an inmate is discharged at the expiration of the longest term of confinement on concurrent cases.”
People v. Sandoval, 974 P.2d 1012 (Colo. Ct. App. 1998). “, 18 U.S.C. §3584 (a) (1994) (sentences are concurrent if imposed contemporaneously, consecutive if imposed at different times); Ohio Rev.”
Shaw v. State, 148 So. 3d 745 (Ala. Crim. App. 2013). “See § 14-3-38(a), Ala.Code 1975 ("When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be cumulative and shall be…”
Brown v. State, 376 So. 2d 1382 (Ala. Crim. App. 1979). “Also, and with like results, is Ala.Code 1975, 14-3-38(a): "When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be…”
Bozeman v. State, 686 So. 2d 556 (Ala. Crim. App. 1996). “1989) (citations omitted); See § 14-3-38(a), Ala.Code 1975. However, “[t]he legislative intent is that the five-year penalties [under § 13A-12-250 and § 13A-12-270] shall not run concurrently with each other or any other sentence imposed.”
Carroll v. Alabama Dep't of Corr., 167 So. 3d 376 (Ala. Crim. App. 2014). “See § 14-3-38, Ala.Code 1975 (providing for concurrent and consecutive sentences and a prisoner’s discharge following the expiration of the sentences); Rule 26.”
Ex parte Courtney Rayshun Elston. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF Crim. APPEALS (In re: Courtney Rayshun Elston v. State of Alabama) (Calhoun Circuit Court: CC-08-1025.62; Crim. Appeals: CR-2022-0823)., 413 So. 3d 717 (Ala. 2024). · cites it 8× “Presiding Judge Welch argued that, in practice, stringing together multiple split sentences leads to a result contrary to the legislature's intent in enacting the Split Sentence Act: "If the dictates of § 14-3-38, Ala. Code 1975, were strictly followed, i.”
Writesman v. Alabama Dep't of Corr., 54 So. 3d 450 (Ala. Crim. App. 2010). “See § 14-3-38, Ala.Code 1975. . We note that our calculations show that he would be entitled to 3 months and 20 days credit for his period of incarceration in Florida.”
Corley v. State, 988 So. 2d 593 (Ala. Crim. App. 2007). · cites it 5× “Code 1975, rather than § 14-3-38(c), Ala.Code 1975. Section 14-9-41(g)(2), Ala.”
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Ala. Code § 14-3-38(a): 6 cases
Shaw v. State, 148 So. 3d 745 (Ala. Crim. App. 2013). “See § 14-3-38(a), Ala.Code 1975 ("When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be cumulative and shall be…”
Brown v. State, 376 So. 2d 1382 (Ala. Crim. App. 1979). “Also, and with like results, is Ala.Code 1975, 14-3-38(a): "When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be…”
Bozeman v. State, 686 So. 2d 556 (Ala. Crim. App. 1996). “1989) (citations omitted); See § 14-3-38(a), Ala.Code 1975. However, “[t]he legislative intent is that the five-year penalties [under § 13A-12-250 and § 13A-12-270] shall not run concurrently with each other or any other sentence imposed.”
Brand v. State, 93 So. 3d 985 (Ala. Crim. App. 2011). “Brand contends, however, that the confinement portions of the two sentences must run consecutively under § 14-3-38, Ala.Code 1975. See also Rule 26.”
Jackson v. State, 415 So. 2d 1167 (Ala. Crim. App. 1981).
Ala. Code § 14-3-38(c): 1 case
Corley v. State, 988 So. 2d 593 (Ala. Crim. App. 2007). “Code 1975, rather than § 14-3-38(c), Ala.Code 1975. Section 14-9-41(g)(2), Ala.”
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