EX PARTE CHAMBERS

86-483.

522 So.2d 313 (1987)

Ex parte Richard CHAMBERS. (Re Richard Chambers v. State).

Supreme Court of Alabama.

As Corrected on Denial of Rehearing November 6, 1987.


Attorney(s) appearing for the Case

D. Taylor Flowers of Buntin & Cobb, and Lewis, Brackin & Flowers, Dothan, for petitioner.

Don Siegelman, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., for respondent.


BEATTY, Justice.

We granted the writ in this case to consider whether it was proper for the trial court to apply the punishment enhancement provisions of Code of 1975, § 13A-5-9(a)(1), in sentencing the petitioner, who was convicted of a drug offense. We reverse and remand.

Petitioner, Richard Chambers, was indicted for trafficking in marihuana, but a jury found him guilty only of felony possession. The State proved a prior drug offense, and, pursuant...

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