Cunny v. State

The appellant, Roosevelt Cunny, was convicted of the distribution of a controlled substance, cocaine, a violation of § 13A-12-211, Code of Alabama 1975. At the sentencing hearing, the trial court, ex mero motu, invoked the Habitual Felony Offender Act, § 13A-5-9, Code of Alabama 1975 (HFOA), and sentenced the appellant to 10 years' imprisonment. The trial court also took judicial notice of where the crime occurred and imposed an additional sentence of five years' imprisonment, because the sale took place within three miles of a school campus. See § 13A-12-250, Code of Alabama 1975.

I

The…