SMITH v. STATE

CR-03-0341.

895 So.2d 392 (2004)

Henry Clay SMITH v. STATE.

Court of Criminal Appeals of Alabama.

April 30, 2004.


Attorney(s) appearing for the Case

Henry Clay Smith, pro se.

William H. Pryor, Jr., atty. gen., and J. Thomas Leverette, asst. atty. gen., for appellee.


McMILLAN, Presiding Judge.

On September 18, 2002, the appellant, Henry Clay Smith, filed this, his third Rule 32, Ala. R.Crim. P., petition. Smith contended that an October 3, 2001, resentencing by the trial court was improper because the State did not give him notice of the prior convictions it intended to use at the resentencing to enhance his sentences. He also contended that the resentencing was improper because he was not granted a sentencing hearing, he was...

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