context: The instant situation is but one of the complications resulting from the Supreme Court's decision in Kirby. Accordingly, we urge the Alabama Supreme Court to revisit its decision in Kirby, particularly that portion relating to the right to appeal Kirby motions, in light of the fact that a question exists as to whether the grant or denial of Kirby motion is even appealable. We believe that the ultimate decision to resentence a defendant based on the amendment to the HFOA is a decision that is within the discretion of the circuit court and one that should not be subject to appellate review.
citation_a.signal: see also
citation_a.parenthetical: severely limits the issues this Court will consider on the appeal from the denial of a motion to reconsider a sentence
citation_a.sentence: See also Prestwood v. State, 915 So.2d 580 (Ala.Crim.App.2005) (severely limits the issues this Court will consider on the appeal from the denial of a motion to reconsider a sentence).
citation_b.signal: no signal
citation_b.identifier: 669 So.2d 239, 239
citation_b.parenthetical: granting probation is discretionary with the circuit court and not subject to appellate review
citation_b.sentence: Compare Gilmore v. State, 669 So.2d 239, 239 (Ala.Cr.App.1995) (granting probation is discretionary with the circuit court and not subject to appellate review).