Connolly v. State

Full title: Rodney CONNOLLY v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Dec 17, 1993

632 So. 2d 592 (Ala. Crim. App. 1993)

Opinion

1 Div. 90.

September 3, 1993. Rehearing Denied October 22, 1993. Certiorari Denied December 17, 1993 Alabama Supreme Court 1930181.

Appeal from the Mobile Circuit Court.

ON REMAND

BOWEN, Presiding Judge.

This cause was remanded to the trial court "with directions that a hearing be held at which the appellant shall be resentenced as a habitual felony offender with two prior felony convictions unless the State can produce proper evidence that the appellant has a felony 'conviction' in the State of Oklahoma as the term 'conviction' is defined in this opinion." Connolly v. State, 632 So.2d 590 (Ala.Cr.App. 1993) (on third remand to the trial court).

On remand the trial court sentenced the appellant to life imprisonment as a habitual felony offender with two prior felony convictions.

The judgment of the circuit court is affirmed.

OPINION EXTENDED; AFFIRMED.

All Judges concur.