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SULLEN v. STATE

1 Div. 248.

409 So.2d 903 (1981)

Willie Arthur SULLEN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 24, 1981.

Certiorari Denied, January 29, 1982.

Attorney(s) appearing for the Case

Dennis J. Knizley, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellee.

Alabama Supreme Court 81-220.

TYSON, Judge.

Willie Arthur Sullen was indicted by the Mobile County Grand Jury for "assault in the first degree" in violation of § 13A-6-20, Code of Alabama 1975. At trial the jury found appellant "guilty as charged in the indictment." After this verdict, the prosecution moved for a pre-sentence investigation and hearing and gave notice to the appellant and the trial court that the appellant should be sentenced as a "habitual...

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