Carter v. State

The appellant, Andre Carter, filed a Rule 32, Ala.R.Crim.P., petition, attacking his 1996 conviction for first-degree robbery and his sentence of life imprisonment without parole. This Court affirmed his conviction and sentence by an unpublished memorandum, Carter v. State, (CR-95-1450, Jan. 17, 1997) 706 So.2d 863 (Ala.Crim.App. 1997) (table). In this, his third Rule 32 petition, Carter argues that the trial court improperly enhanced his sentence under the Habitual felony Offender Act ("HFOA") using a prior conviction in Pennsylvania that involved the theft of $74.24. He claimed that,…