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MILAM v. STATE

3 Div. 745.

535 So.2d 199 (1987)

Edwin Cecil MILAM v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand December 8, 1987 and October 11, 1988.

Attorney(s) appearing for the Case

Andy S. Poole, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

Appellant, Edwin Cecil Milam, pleaded guilty to one count of third degree burglary and one count of second degree theft. At sentencing, the prosecution moved to invoke the Alabama Habitual Felony Offender Act, § 13A-5-9, Code of Alabama 1975, based upon a prior conviction in the United States District Court. Appellant objected to the use of the prior conviction on the ground that the conviction was under the Federal Youth Corrections Act, 18...

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