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SMITH v. STATE

7 Div. 772.

392 So.2d 1273 (1980)

Leroy SMITH, Alias Leroy Smith, Jr., Alias Leroy J. Smith, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 20, 1981.

Attorney(s) appearing for the Case

Stephen E. Harrison, for Burns, Shumaker & Davis, Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., Cynthia D. Welch, Asst. Atty. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted and convicted for robbery in the second degree. Sentence was life imprisonment under Alabama's new habitual felony statute.

The crime for which the defendant was convicted occurred in May of 1980. Alabama's habitual felony offender statute became effective on July 30, 1979. See comments to Alabama Code Section 13A-5-9. The defendant contends that Section 13A-5-9(c) is an ex post facto law as applied to him because his...

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