Ex Parte Jenkins

James Oscar Jenkins, Sr., appeals from the Court of Criminal Appeals' affirmance of the trial court's denial of his motion for sentence reconsideration under § 13A-5-9, Ala. Code 1975, the Habitual Felony Offender Act (the "HFOA"), as amended by § 13A-5-9.1, Ala. Code 1975. We reverse and remand.

On March 12, 1996, Jenkins was convicted in the Mobile Circuit Court of robbery in the first degree, a Class A felony. Jenkins had three prior felony convictions, none of which was a Class A felony. Judge R.E.L. Key sentenced Jenkins, as a habitual felony offender under § 13A-5-9, to life imprisonment…