HOWARD v. STATE

CR-91-878.

648 So.2d 625 (1994)

Tony HOWARD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 9, 1994.


Attorney(s) appearing for the Case

David Flack, Montgomery, for appellant.

James H. Evans, Atty. Gen., and David Bjurberg, Asst. Atty. Gen., for appellee.


On Application for Rehearing

McMILLAN, Judge.

The opinion of September 30, 1993, is withdrawn and the following is substituted therefor.

The appellant, Tony Howard, was convicted of being in possession of a pistol after having been convicted of a crime of violence, in violation of § 13A-11-72(a), Code of Alabama 1975. At the sentencing hearing, the prosecutor invoked the Habitual Felony Offender Act, asserting that the appellant...

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