Callahan v. State

The appellant, Wilburn Callahan, was convicted of the illegal transportation of prohibited liquors in violation of Ala. Code 1975, § 28-4-115. He was sentenced as a habitual felony offender to serve 25 years' imprisonment. He raises four issues on this direct appeal from that conviction.

I

The appellant contends that his sentencing was improper because the sentencing judge was not the judge who presided over his trial.

The appellant was sentenced five months after his conviction. There is no explanation in the record as to why the trial judge and the sentencing judge were not the same judge.

On…