THE STATE OF A L A B A M A - - JUDICIAL D E P A R T M E N T THE A L A B A M A COURT OF C R I M I N AL A P P E A L S CR-13-0425 Ex parte State of Alabama PETITION FOR WRIT OF M A N D A M U S (In re: State of Alabama v. Austin Smith Clem) Limestone Circuit Court No. CC-12-770 ORDER The District Attorney for the Thirty-Ninth Judicial Circuit filed this petition for a writ of mandamus requesting that this Court direct Judge James W. Woodroof to set aside the sentence he imposed on Austin Smith Clem for his conviction forfirst-degreerape after this Court issued a writ of mandamus and directed that Clem be resentenced. See Clem v. State. [Ms. CR-13-0211, December 13, 2013] So. 3d (Ala. Crim. App. 2013). In September 2013, Clem was convicted offirst-degreerape and two counts of second-degree rape. On November 13,2013, Clem was sentenced to 20 years in prison on his conviction forfirst-degreerape, which the court split with 2 years to serve in the Limestone County Community Corrections Program ("LCCCP") followed by 3 years of super\'ised probation. Clem was sentenced to 10 years in prison on each conviction for second-degree rape and ordered to serve 2 years in the L C C C P followed by 3 years of supervised probation. The State then filed its first mandamus petition attacking Clem's sentence. It argued that Clem's 20-year sentence for his conviction for first-degree rape could not be split with only 2 years to serve in prison and that a defendant convicted of first-degree rape could not participate in the L C C C P . On December 13, 2013, this Court issued a writ of mandamus and directed Judge Woodroof to "resentence Clem in accordance with the statutory provisions of § 15-18-8(a)( 1), Ala. Code 1975, and § 15-18-171(14), Ala. Code 1975." So. 3d at . On December 23, 2013, Judge Woodroof resentenced Clem to 15 years in prison for the conviction for first-degree rape; he split the sentence to time served and directed that Clem be placed on 5 years of supervised probation. The State then filed this second mandamus petition. It requested that we direct Judge Woodruff to reinstate the original 20-year sentence for Clem's conviction for first-degree rape because, it says, that sentence was valid and legal and could not be modified. This Court directed that the respondent answer the allegations contained in this petition. As of this date, no response has been filed. Typically, "[o]nce a valid sentence has been entered, it cannot, in the absence of fi'aud or another compelling reason, be altered anytime thereafter so as to increase the severity of the sentence." Ex parte Tice. 475 So. 2d 590, 591 (Ala. 1984) (emphasis added). However, a judge retains jurisdiction to reduce a sentence for 30 days after that sentence is pronounced. See generally Bryant v. State, 29 So. 2d 928 (Ala. Crim. App. 2009). Clem's sentence was pronounced in open court on November 13, 2013. On November 19, 2013, this Court stayed the proceedings in the circuit court after the State filed its first mandamus petition. See Clem v. State. (CR-13-0211). The slay operated to toll and extend the jurisdiction of the circuit court beyond that 30-day period. See State V. Webber. 892 So. 2d 869 (Ala. 2004). On December 13, 2013, this Court lifted the stay. Therefore, the circuit court retained jurisdiction to reduce Clem's sentence until January 6, 2014. Judge Woodroof acted within the scope of his jurisdiction when he issued his order on December 23, 2013, reducing Clem's sentence from 20 years to 15 years. Clem's 15-year sentence is valid. The State cannot satisfy its heavy burden of establishing the prerequisites for the issuance of a writ of mandamus. See Ex parte King. 23 So. 3d 77 (Ala. 2009) (State has limited right to seek mandamus relief; i.e., where the court has exceeded its jurisdiction). Therefore, this petition for a writ of mandamus is hereby DENIED. Windom, P.J., and Welch, Kellum, Burke, and Joiner, JJ., concur. Done this 27th day of February, 2014. cc: Hon. James W. Woodroof, Circuit Judge Hon. William "Brad" Cumutt, Circuit Clerk Brian C.T. Jones, District Attorney James C. Ayers, Jr., Assistant District Attorney Matthew Riley Huggins, Assistant District Attorney Rich Hobson, AO C Director Win Johnson, A O C Legal Director Dan C. Totten, Esq, Lucas J. Beaty, Esq. Office of the Attorney General 2