Smith v. State

McMILLAN, Presiding Judge.

On September 18, 2002, the appellant, Henry Clay Smith, filed this, his third Rule 32, Ala. R.Crim. P., petition. Smith contended that an October 3, 2001, resen-tencing by the trial court was improper because the State did not give him notice of the prior convictions it intended to use at the resentencing to enhance his sentences. He also contended that the resen-tencing was improper because he was not granted a sentencing hearing, he was not present, and he was not represented by counsel. The circuit court summarily dismissed Smith’s petition, finding that Smith had…