Butler v. State

Lacy Kay Butler appeals the circuit court's denial of his motion made pursuant to § 13A-5-9.1, Ala. Code 1975, to reconsider his sentences of life imprisonment without the possibility of parole imposed upon application of the Habitual Felony Offender Act (the "HFOA") for his October 1984 convictions for first-degree rape and first-degree robbery.1 See Kirby v. State, 899 So.2d 968 (Ala. 2004).

Butler filed his motion on March 2, 2005, alleging that he was entitled to have his sentences of life imprisonment without the possibility of parole reconsidered because, he said, the three previous…