Ward v. State
Decision Date | 30 September 1993 |
Docket Number | CR-92-1606 |
Citation | 630 So.2d 157 |
Parties | Robert Donald WARD v. STATE. |
Court | Alabama Court of Criminal Appeals |
Sidney Wright III, Dothan, for appellant.
James H. Evans, Atty. Gen., and Beth Hughes, Asst. Atty. Gen., for appellee.
The appellant, Robert Donald Ward, pleaded guilty to the unlawful possession of marijuana in the first degree, a violation of § 13A-12-213, Code of Alabama 1975. He was sentenced to three years' imprisonment under the Habitual Felony Offender Act, § 13A-5-9, Code of Alabama 1975 (HFOA). The appellant contends that the trial court erred to reversal when it sentenced him pursuant to the HFOA. He contends that the HFOA does not apply in this case.
The appellant was convicted of possession of cocaine under the Alabama Uniform Controlled Substances Act (§ 20-2-1 et seq.) on September 14, 1987. Subsequently, on May 6, 1993, he pleaded guilty to the now charged offense. The appellant argues that, because his prior conviction occurred before the effective date of the Drug Crimes Amendment Act (October 21, 1987), which amended the Controlled Substances Act and made the HFOA applicable to drug crimes as defined therein, this prior felony should not be counted against him. However, felony drug convictions that occurred before October 21, 1987, should be considered when applying the HFOA. Cf. Lidge v. State, 419 So.2d 610 (Ala.Cr.App.), cert. denied, 419 So.2d 616 (Ala.1982).
The appellant also contends that his sentencing should be controlled by Ex parte Chambers, 522 So.2d 313 (Ala.1987), which states:
522 So.2d at 316. The court in Chambers held that defendants convicted of offenses under the Controlled Substances Act must be sentenced under the recidivist provisions of that act only.
However, the Alabama Supreme Court reversed Chambers in Ex parte Brannon, 547 So.2d 68 (Ala.1989). In Brannon, the court focused on when the conduct leading to the conviction occurred in determining whether the Controlled Substances Act or the Alabama Criminal Code controlled. The Alabama Supreme Court stated:
...
To continue reading
Request your trial