Circuit courts and district courts, subject to the provisions and conditions hereinafter provided, may suspend execution of sentence and place on probation any person convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not be permitted to waive placement on probation by the sentencing court. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. Except as provided in the preceding sentence, the court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the defendant on probation.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §19; Acts 1955, No. 480, p. 1093; Acts 1975, No. 1205, §10-101; Acts 1985, 2nd Ex. Sess., No. 85-905, p. 177, §2; Act 2015-185, §3.)
Notes of Decisions
Cited in
32
cases (
3 in the last 5 years), 1981–2023 · leading case:
Mosley v. State, 187 So. 3d 1194 (Ala. Crim. App. 2015).
Mosley v. State, 187 So. 3d 1194 (Ala. Crim. App. 2015).
· cites it 29× “2012), alleged that his 20-year sentences were “unconstitutional, not authorized by law, and exceed[] the Court’s jurisdiction” because, he said, under § 15-22-50, Ala.Code 1975, the circuit court could not suspend his 20-year sentences.”
Jones v. Commonwealth, 795 S.E.2d 705 (Va. 2017).
· cites it 2× “See Ala. Code § 15-22-50 ("The court shall have no power to suspend the execution of sentence imposed upon any [convicted] person .”
Alabama v. Shelton, 535 U.S. 654 (2002).
· cites it 2× “As authorized by Alabama law, however, Ala. Code § 15-22-50 (1995), the court suspended that sentence and placed Shelton on two years' unsupervised probation, conditioned on his payment of court costs, a $500 fine, reparations of $25, and restitution in the amount of $516.”
Ex Parte State, 932 So. 2d 118 (Ala. Crim. App. 2004).
· cites it 4× “When the sentence eligible for split-sentence consideration was increased in 1985, the Legislature also amended § 15-22-50, Ala.Code 1975 which grants a court the authority to order probation for any sentence that does not exceed 15 years.”
State v. Pickett, 911 So. 2d 755 (Ala. Crim. App. 2005).
· cites it 15× “Code 1975, and § 15-22-50, Ala.Code 1975, and allows a circuit court to suspend any portion of a 20-year split sentence.”
Mewborn v. State, 170 So. 3d 709 (Ala. Crim. App. 2014).
· cites it 8× “” Reviewing the record in this case pursuant to Anders , we recognized the following issues arguable on their merits that warranted further briefing: specifically, whether the sentence the circuit court imposed — 20 years’ imprisonment suspended to serve 4 years’ supervised…”
State v. Utley, 94 So. 3d 414 (Ala. Crim. App. 2012).
· cites it 4× “That sanction presently is found in Code of Alabama 1975, § 15-22-50, which, after granting the authority, states further: “ ‘[T]he court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may…”
Belote v. State, 185 So. 3d 1154 (Ala. Crim. App. 2015).
· cites it 3× “) In the present case, because the circuit court imposed a sentence of 16 years’ imprisonment, pursuant to § 15-22-50, the circuit court was without authority to suspend the execution of Belote’s sentence.”
Bowers v. State, 565 So. 2d 1203 (Ala. Crim. App. 1990).
· cites it 2× “Their reasoning is that since probation, by definition, involves conditional liberty without incarceration, it is inconsistent to impose confinement as a condition of probation.”
Little v. State, 129 So. 3d 312 (Ala. Crim. App. 2012).
“See § 15-22-50, Ala.Code 1975 (“The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years.”
Scott v. State, 148 So. 3d 458 (Ala. Crim. App. 2013).
“See § 15-22-50 (“The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years.”
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