Mike Blakely Multiple Motions Community Corrections Modify Sentence

DOCUMENT 602
ELECTRONICALLY FILED
10/14/2023 3:33 PM
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 )(
MOTION TO TRANSFER SENTENCE TO COMMUNITY CORRECTIONS
MOTION TO CLARIFY SENTENCE DISPOSITION TERMS
MOTION TO ORDER SPLIT SENTENCE, AS REQUIRED BY THE ALABAMA

PRESUMPTIVE SENTENCING GUIDELINES
ALTERNATIVE MOTION TO TRANSFER SENTENCE TO COUNTY JAIL AT HARD

LABOR OR TO ADOC
COMES NOW MICHAEL BLAKELY, by and through his undersigned counsel,

and respectfully moves this Court to transfer his sentence to the supervision of
Limestone Community Corrections. As grounds for this Motion, we submit the following:
1. The Defendant has been serving the sentence imposed in this case in the
Franklin County Jail since February 2023, without disciplinary or citation.
2. Nine leaders of the Limestone County community are recommending

placement of Blakely into Limestone County Corrections for completion of his sentence,
including ALGOP CHAIRMAN John Wahl, ALABAMA SENATOR Tom Butler,
ALABAMA REPRESENTATIVE Dan Crawford, RETIRED LIMESTONE COUNTY
CIRCUIT JUDGE George Craig, RETIRED LIMESTONE COUNTY CIRCUIT JUDGE
Jimmy Woodruff, ALABAMA SENATOR Tim Melson, ATHENS MAYOR Ron Marks,
ATHENS POLICE CHIEF Floyd Johnson, and ALABAMA ETHICS COMMISSION
CHAIRMAN John Plunk. In a letter compiled by these gentlemen, they have noted that
they have known Mike Blakely for decades and that he has demonstrated humility and
regret for the actions that led to these convictions.
They further note that he demonstrated integrity in his past advocacy to the
Alabama Sheriff’s Association against the discretionary use of prisoner food money, in
accordance with his policy as sheriff in which prisoner food money was used to fund
DOCUMENT 602
food for prisoners. His health necessitates significant treatment in the near future,
which they advocate should be funded by him without financial burden to the State of
Alabama or to Franklin County, where he has been ordered to serve his sentence. He
is welcomed back to the community, where he will continue to positively influence its
youth. See letter dated July 6, 2023, wherein email addresses of these witnesses have
been listed, should any party or this Court have questions or request confirmation of
their recommendation, EXHIBIT A.
3. In addition, numerous letters and emails from residents and businesses of

Limestone County have been submitted with a request that their statements be heard in
support of his release back into their community. He is welcomed by representatives of
all segments of the Limestone County Community. Said letters were submitted for
support of Mike Blakely for parole and have been attached to this motion at EXHIBIT B.
4. Based on his convictions and sentence in this case, Blakely meets the
statutory qualifications for placement into the Limestone County Corrections Program.
5. Mr. Blakely has serious health conditions, which will require significant
treatment in the near future, including heart conditions, COPD, and diabetes. While
allowing him to serve the remainder of his sentence in Community Corrections, he will
have the benefit of his income and health insurance for payment for necessary health
treatment.
6. Alternative sentencing has been demonstrated through multiple

well-reputed and accepted studies, to achieve more positive results than incarceration
in correction and rehabilitation. In Blakely’s case, a sentence to Community Corrections
will provide greater accountability for Blakely to the community, with opportunities to
better support and contribute to his community. EXHIBITS A and B provide significant
and substantial evidence that Mike Blakely will continue to benefit his community when
placed there.
WHEREFORE, THE FOREGOING PREMISES CONSIDERED, Mike Blakely

humbly and respectfully requests that this Court transfer his custody to the Limestone
County Community Corrections Program to serve the remainder of his sentence.
MIKE BLAKELY FURTHER MOVES this Court to clarify the sentence

imposed by the Court’s Sentencing Order entered August 20, 2021, to specifically
amend the Sentencing Order to order that Mike Blakely’s convictions and
sentence qualify for good-time and to direct ADOC to calculate his time and
applicable good time in accordance with applicable statutes related to legal
DOCUMENT 602
sentence dispositions in Alabama. As an alternative, to satisfy the obsolete

language of the good-time statute relative to “hard labor” sentencing, we request
that the Court amend the Sentencing Order to clarify that he serve the sentence in
the Alabama Department of Corrections or in a county jail at hard labor. As
grounds for this Motion, Blakely states the following:
1. In its sentencing recommendation brief filed prior to the sentencing

hearing in this case, the prosecutor recommended that the Court not order the
sentence to be served at hard labor, specifically to prevent Mike Blakely from earning
any good time on his sentence, arguing that an inmate ordered to serve their sentence
in a county jail, but not “at hard labor” does not qualify for good time. Alabama Uniform
Judicial sentencing objectives and practices do not use the “hard labor” disposition to
determine good-time eligibility and neither does ADOC.
2. The Sentencing Order entered by the Court made no mention of hard

labor. In fact, the Alabama Uniform Judicial System Sentencing Order Form (dated
3-5-10) does not include any contemplation of whether a sentence should be ordered
served at hard labor. See Sentencing Order, Attached as EXHIBIT C.
3. Upon intake of every prisoner, the current routine protocol of ADOC

requires an automatic time-calculation by its Central Records staff, which includes
application of good time to every Alabama sentence for offenses to which good time is
legally applicable. Immediately upon initial receipt of his transcript in June 2023, ADOC
certified the transcript and issued Mike Blakely an Inmate Summary wherein his
Mandatory Release Date (MRD) and End of Sentence Date (EOS) were reported by
ADOC, after the appropriate good time had been applied to his total sentence. See
Inmate Summary dated June 14, 2023, attached as EXHIBIT D.
3. While the prosecutor argued in their brief that Mike Blakely should not be
allowed to receive good time during his sentence, the sentencing judge made no finding
related to this argument, which was not made on the record at the sentencing hearing.
The sentencing judge further failed to make any notation of this disposition term of the
intended sentence in the sentencing order, only stating at the end of her remarks, “I
believe that’s everything I need to say about it except that you will not be serving your
time in the Limestone County Jail and there will be no hard labor applied to your case.
You are remanded to the custody of the Alabama Department of Corrections and
it's my understanding that there have been some arrangements made for you to go to a
jail to serve your time somewhere other than the Limestone County Jail.” See
Sentencing Hearing Transcript, attached as EXHIBIT E, p. 2206 Lines 12-26.
DOCUMENT 602
4. As the result of his time calculation by ADOC which governs parole

eligibility, the Alabama Bureau of Pardons & Paroles notified Mike Blakely of his parole
hearing date, which had been set August 17, 2023. See Bureau of Pardons & Paroles
letter dated July 11, 2023, EXHIBIT F.
5. In a July 24, 2023 letter addressed to Leigh Gwathney, chairman of the

Board of Pardons & Paroles, the Attorney General (AG) requested that the board chair “
reconsider holding this hearing because controlling law holds that he is ineligible for
release at this time.” As the apparent result of an AG letter to Alabama’s parole board
chairman, Blakely’s parole hearing was cancelled and ADOC changed his EOS and
MRD. See AG letter to Gwathney, attached hereto as EXHIBIT G.
7. On July 28, 2023, Blakely met with an Institutional Parole Officer (IPO) at
the Franklin County Jail for the purpose of an IPO interview in preparation for his
upcoming parole hearing. After the IPO arrived, he informed Blakely that his parole
hearing had been canceled, that he had never seen this happen before; that he had just
received an email instructing him that the parole hearing for August 17, 2023 had been
canceled and that he was not to proceed with the interview.
8. The following week, Blakely received a notice dated July 27, 2023 from
the Bureau of Pardons & Paroles, in which he was informed that his case had been
reviewed and tentatively set for March 2024. See EXHIBIT H.
7. Mike Blakely then received another Inmate Summary from ADOC dated
July 26, 2023, wherein good time had been removed, and EOS and Mandatory
Release Dates recalculated. See Inmate Summary dated July 26, 2023, attached
hereto as EXHIBIT I.
8. As soon as his parole hearing was set, numerous letters and emails
containing specific details of individual observations of Blakely’s character were
received from Limestone County residents in support of his release to the community.
See compilation of letters and emails previously referenced and attached as EXHIBIT B.
WHEREFORE, THE FOREGOING PREMISES HAVING BEEN CONSIDERED,

we request that this Court Amend the Sentencing Order in this case to order that Mike
Blakely is entitled to have good-time credit applied to his sentence and directing that
ADOC Central Records shall calculate his EOS and MRD based on statutes applicable
to his conviction and sentence, and/or that Mike Blakely is ordered to serve his
sentence in the ADOC at hard labor.
DOCUMENT 602
COMES NOW Mike Blakely, and respectfully requests that the Court amend
the Sentencing Order to reflect the Disposition required by the Alabama
Presumptive Sentencing Guidelines. As grounds for this motion, we submit the
following:
1. While the prosecutor correctly conceded that 36 months was an

appropriate sentence required pursuant to the Presumptive Sentencing Guidelines
range of 24-46 months, the Presumptive Disposition Guideline applicable to Mike
Blakely further requires that the Court order a split sentence of six to twelve months.
See EXHIBIT J, wherein presumptive sentence length and disposition terms were
correctly noted by the prosecutor in the applicable Worksheets prepared and filed in this
case.
2. The Presumptive Sentencing Standards became law in October 2013 and

require sentencing orders which adhere to the guideline “recommendations” as to the
length and disposition of any covered sentence. Code of Alabama, Section
12-25-34.2(a)(7)(emphasis added). DISPOSITION is defined by this statute as “the part
of the sentencing courts presumptive sentence recommended other than sentence
length.” 12-25-34.2(a)(3). The Disposition ordered in this case is incarceration for 36
months, to be served at a county jail other than Limestone County. Departure from the
presumptive guideline disposition (IN/OUT of prison, split-sentence recommended)
required that the court include statements of specific findings of any recognized
aggravating factors which had been applied to justify a Dispositional Departure
sentence. 12-25-34.2(a)(1) and 12-25-34.2(a)(4). There were no such findings in this
case, and no notations in this Court’s Sentencing Order, of intended departure from the
Alabama Presumptive Sentencing Standards.
3. The prosecutor suggested the existence of aggravators required for

departure from the Presumptive Sentencing Guidelines in its sentencing brief.
However, the sentencing judge failed to enter any finding as to the existence of
aggravators and in fact, the prosecutor did not request departure from the presumptive
guideline provisions, including the split-sentence presumption.
3. Pursuant to Section 12-25-34.2 of the Alabama Code, in which the

Alabama Sentencing Guidelines were made presumptive, Mike Blakely is required to be
ordered to a split sentence to serve of 6 to 12 months.
WHEREFORE, THE FOREGOING PREMISES HAVING BEEN CONSIDERED,

Mike Blakely humbly and respectfully requests this Court to sentence him to serve the
DOCUMENT 602
remainder of his sentence in the Community Corrections Program of Limestone County.

Finally, we request that the Court correct and amend the Sentencing Order in this case
to clarify the eligibility of his offenses and sentences for good time and to order a split
sentence as required by the Statutory Presumptive Sentencing Guidelines.
Respectfully submitted on this 14th day of October 2023.
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 Motion, with electronic service on
the Office of Attorney General for the State of Alabama.
Lyn Head

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DOCUMENT 602

MOTION TO TRANSFER SENTENCE TO COMMUNITY CORRECTIONS

MOTION TO CLARIFY SENTENCE DISPOSITION TERMS

MOTION TO ORDER SPLIT SENTENCE, AS REQUIRED BY THE ALABAMA

ALTERNATIVE MOTION TO TRANSFER SENTENCE TO COUNTY JAIL AT HARD

COMES NOW MICHAEL BLAKELY, by and through his undersigned counsel,

2. Nine leaders of the Limestone County community are recommending

3. In addition, numerous letters and emails from residents and businesses of

6. Alternative sentencing has been demonstrated through multiple

WHEREFORE, THE FOREGOING PREMISES CONSIDERED, Mike Blakely

MIKE BLAKELY FURTHER MOVES this Court to clarify the sentence

sentence dispositions in Alabama. As an alternative, to satisfy the obsolete

1. In its sentencing recommendation brief filed prior to the sentencing

2. The Sentencing Order entered by the Court made no mention of hard

3. Upon intake of every prisoner, the current routine protocol of ADOC

4. As the result of his time calculation by ADOC which governs parole

5. In a July 24, 2023 letter addressed to Leigh Gwathney, chairman of the

WHEREFORE, THE FOREGOING PREMISES HAVING BEEN CONSIDERED,

1. While the prosecutor correctly conceded that 36 months was an

2. The Presumptive Sentencing Standards became law in October 2013 and

3. The prosecutor suggested the existence of aggravators required for

3. Pursuant to Section 12-25-34.2 of the Alabama Code, in which the

WHEREFORE, THE FOREGOING PREMISES HAVING BEEN CONSIDERED,

remainder of his sentence in the Community Corrections Program of Limestone County.

Respectfully submitted on this 14th day of October 2023.

Lyn Head (DUR006)

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