KAIN v. STATE

CR-95-0039.

700 So.2d 355 (1996)

Billy Jack KAIN, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Order on Return to Remand June 20, 1997.


Attorney(s) appearing for the Case

Stephen Smith, Albertville, for appellant.

Billy Jack Kain, Jr., pro se.

Jeff Sessions and Bill Pryor, attys. gen., and Beth Poe, asst. atty. gen., for appellee.


LONG, Presiding Judge.

This is a direct appeal from a conviction for attempted rape, entered pursuant to a guilty plea. While the appellant, Billy Jack Kain, Jr., raises a number of issues on appeal, this court need only address the issue of whether this case should be remanded to the trial court for resentencing.

The appellant was sentenced to 50 years' imprisonment upon application of the Habitual Felony Offender Act. The appellant's sentence was enhanced...

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