EX PARTE COKER

89-1034.

575 So.2d 43 (1990)

Ex parte Robert Gary COKER. (Re Robert Gary Coker v. State).

Supreme Court of Alabama.

Rehearing Granted January 11, 1991.


Attorney(s) appearing for the Case

C. Michael McInnish of McInnish & Bright, Montgomery, for petitioner.

Don Siegelman, Atty. Gen., and Rosa H. Davis and Joseph G.L. Marston III, Asst. Attys. Gen., for respondent.

David R. Boyd and W. Joseph McCorkle, Jr. of Balch & Bingham, Montgomery, for amicus curiae Alabama Ass'n of School Boards.

Kenneth Smith, Staff Atty., Montgomery, for amicus curiae Alabama League of Municipalities.

Olivia H. Jenkins, G. Keith Clark and James G. Stevens, Asst. Attys. Gen., for amicus curiae Alabama Dept. of Environmental Management.

Otis J. Goodwyn, Asst. Atty. Gen., for amicus curiae Alabama Dept. of Conservation and Natural Resources.

Richard N. Meadows, Gen. Counsel, and Jim R. Ippolito, Jr., Associate Counsel, Dept. of Educ., for amicus curiae Dr. Wayne Teague, State Superintendent of Educ.

Edward M. George, Div. of Legal and Personnel Services, Alabama Dept. of Postsecondary Educ., and Jeffery A. Foshee, Montgomery, for amicus curiae Chancellor Fred Gainous.

Richard G. Alexander, Mobile, for amicus curiae Mobile County Deputy Sheriffs Law Enforcement Ass'n.

William T. Stephens, Montgomery, for amici curiae Teachers' Retirement System of Alabama and Employees' Retirement System of Alabama.

M. Roland Nachman, Jr. and James A. Byram, Jr. of Balch & Bingham, Montgomery, for amicus curiae Alabama State Employees Ass'n.

James W. Webb of Webb, Crumpton, McGregor, Davis & Alley, Montgomery, for amicus curiae Ass'n of County Commissions of Alabama.

John G. Harrell of Bradley, Arant, Rose & White, Birmingham, and Arnold W. Umbach, Jr. of Umbach & Meadows, Opelika, for amicus curiae City of Auburn.

Joseph H. Johnson, Jr. and David W. Spurlock of Lange, Simpson, Robinson & Somerville, Birmingham, and George A. Moore of Johnston, Johnston & Moore, Huntsville, for amicus curiae Madison County Bd. of Educ.


ALMON, Justice.

Dec. 7, 1990

Robert Gary Coker was convicted and sentenced to prison for violating the Pharmacy Robbery Act, 1982 Ala. Acts, No. 82-434, codified at Ala.Code 1975, § 13A-8-50 through -52. This "act" originated as House Bill 362, so we shall refer to it as H.B. 362. Coker filed a petition for relief from conviction and sentence pursuant to Rule 20, Ala.R.Crim.P. (Temp.). In that petition, Coker alleged that the trial

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