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SERITT v. STATE OF ALA.

No. 82-7127.

731 F.2d 728 (1984)

Harlin Phillip SERITT, Jr., Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 3, 1984.

Attorney(s) appearing for the Case

Ed Still, Birmingham, Ala., for petitioner-appellant.

Elizabeth Ann Evans, Jean Williams Brown, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before KRAVITCH, JOHNSON and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

We are urged to hold the Alabama Habitual Felony Offenders Statute unconstitutional because it removes the trial court's discretion to consider mitigating circumstances regarding the individual defendant when certain classes of convictions are present. We reject the position urged and affirm.

Facts

On May 6, 1980, David Wilson was employed at the Howard Johnson Motor Lodge in Jefferson County, Alabama. At about 1 p.m., Wilson...

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