Ex Parte McCree

The petitioner, Michael Leon McCree, was convicted for manslaughter and was sentenced to 10 years in prison under Alabama's firearms enhancement statute (Ala. Code 1975, §13A-5-6(a)(5)).1

FACTS

Because the Court of Criminal Appeals affirmed without an opinion, 519 So.2d 1385 (1987), McCree's "Request for Statement of Additional Facts," pursuant to Rule 39(k), A.R.A.P., is substantially reproduced below as the statement of facts (we have checked the petitioner's Rule 39(k) statement of additional facts against the record and find it to be correct in all material aspects):

"On Wednesday, November…