EX PARTE STATE

1901561.

602 So.2d 452 (1992)

Ex parte State of Alabama. (Re Rodney CONNOLLY v. STATE).

Supreme Court of Alabama.

May 22, 1992.


Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Robert E. Lusk, Jr., Asst. Atty. Gen., for petitioner.

Elizabeth H. Shaw of Rives & Peterson, Birmingham, for respondent.


ALMON, Justice.

The trial court sentenced James Rodney Connolly to life imprisonment without parole. This sentence was mandatory because the State had invoked the Habitual Felony Offender Act ("HFOA"), Ala.Code 1975, § 13A-5-9, and had proved, to the trial court's satisfaction, that Connolly had been convicted of three prior felonies. The Court of Criminal Appeals reversed the judgment and ordered the sentence reduced to life imprisonment because the State could...

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