Stokes v. State

ON APPLICATION FOR REHEARING

This Court's opinion of January 27, 1989, is withdrawn and the following is substituted therefor.

This is an appeal from the denial of a petition for post-conviction relief.

In 1984, Stokes was convicted of the unlawful possession of pentazocine in violation of the Alabama Controlled Substances Act, Alabama Code 1975, § 20-2-1 et seq., and sentenced to twenty years' imprisonment under Alabama's Habitual Felony Offender Act. Alabama Code 1975, § 13A-5-9. That conviction was affirmed on appeal without opinion. Stokes v. State,479 So.2d 88 (Ala.Cr.App. 1985).

In April of…