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522 So. 2d 317

Chambers v. State

Court of Criminal Appeals of Alabama

Decided November 24, 1987

Court of Criminal Appeals of Alabama · decided 1987-11-24

Cited by 4 later decisions — most recently July 1995

4 state decisions

Relies on Ex Parte Chambers

Good law ✅— No negative treatment on recordhow we know

Decided 1987-11-24

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¶1AFTER REMANDMENT

BOWEN, Presiding Judge.

¶2In Ex parte Chambers, 522 So.2d 313 (Ala.1987), our Supreme Court held that defendants convicted under the Controlled Substances Act must be sentenced under the provisions of that act and not under the provisions of Alabama’s Habitual Felony Offender Act. As directed by our Supreme Court, we remand this cause to the circuit court of Houston County. The circuit judge is directed to set aside Chambers' sentence of twenty years’ imprisonment as a habitual felony offender and sentence Chambers in accordance with the provisions of the Controlled Substances Act, under which he was convicted.

¶3REMANDED FOR PROPER SENTENCING.

All Judges concur.

¶4ON RETURN TO REMAND

¶5On remand, the trial court sentenced the defendant to fifteen years’ imprisonment and imposed a $10,000 fine under the enhancement provisions of the Alabama Uniform Controlled Substances Act and not the Habitual Felony Offender Act. Since the sentence and fine are within the range of punishment authorized by Alabama Code 1975, § 20-2-76, the judgment of the circuit court is affirmed.

¶6OPINION EXTENDED; AFFIRMED.

¶7All Judges concur.

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