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507 So. 2d 997

Andrews v. State

Court of Criminal Appeals of Alabama

Decided September 9, 1986

Court of Criminal Appeals of Alabama · decided 1986-09-09

Decided 1986-09-09

BOWEN, Presiding Judge.

¶1Andrews was convicted for burglary in the second degree and sentenced to ninety-nine years’ imprisonment as a habitual offender. We have examined the seven issues raised by the appellant and find them to be without merit.

¶2Burglary in the second degree is a Class .B felony. Alabama Code 1975, § 13A-7-6(c). The defendant had four prior felony convictions. Therefore, under the Habitual Felony Offender Act, the defendant must be punished for “life in the penitentiary.” § 13A-5-9(c)(2).

¶3This cause is remanded to the Circuit Court of Mobile County with directions that the defendant’s sentence of ninety-nine years’ imprisonment be set aside and the defendant be sentenced to life imprisonment.

¶4REMANDED WITH DIRECTIONS.

All Judges concur.

¶5ON RETURN TO REMAND

¶6BOWEN, Presiding Judge.

¶7On remand, the trial court properly sentenced the defendant to life imprisonment.

¶8The judgment of the circuit court is affirmed.

¶9OPINION EXTENDED; AFFIRMED.

All Judges concur.
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