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571 So. 2d 407

Roberts v. State

Court of Criminal Appeals of Alabama

Decided October 26, 1990

Court of Criminal Appeals of Alabama · decided 1990-10-26

Relies on Ex Parte Chambers · 555 So. 2d 254 - Stokes v. State · 563 So. 2d 1072 - Roberts v. State

Decided 1990-10-26

¶1ON RETURN TO REMAND

TYSON, Judge.

¶2This court on April 27, 1990, remanded this cause, reported as 563 So.2d 1072 (Ala. Crim.App.1990), for an additional hearing as to sentencing as a habitual felony offender, pursuant to the provisions of the opinion of the Supreme Court of Alabama in Ex Parte Chambers, 522 So.2d 313 (Ala.1987).'

¶3This court noted in our first opinion, Roberts, supra,that under Stokes v. State, 555 So.2d 254 (Ala.Crim.App.1989), Chambers has been applied retroactively.

¶4Pursuant to our order of remandment, the Circuit Court of Houston County held a full hearing on the matter of resentencing this appellant as a habitual felony offender. The record affirmatively reflects that the appellant has, in fact, been resentenced, and in case number CC-85-654 the appellant was resentenced to five years’ imprisonment in the penitentiary, a fine of $1,000 was imposed and he was ordered to pay costs of court and $100 to the Victims Compensation Fund.

¶5In case number CC-85-653, the appellant was sentenced to 14 years’ imprisonment, this being for the sale of marijuana. A fine of $1,000, plus costs of court was imposed, and an additional $100 was ordered to be paid to the Victims Compensation Fund. The court took the position that this is what would have been done at the time of the initial sentencing.

¶6The appellant’s counsel pointed out that the initial sentences were to run concurrently and the trial court then set both of these sentences to run concurrently.

¶7Due return having been filed and the sentencing being in all respects proper, this cause is due to be and the same is hereby affirmed.

¶8As noted in our original opinion, the other issues which were initially raised in the trial court are now barred.

¶9For the reasons shown this cause is hereby affirmed.

¶10AFFIRMED.

All the Judges concur.
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