May v. State

The appellant, Sidney May, was convicted, after a trial without a jury, of robbery in the third degree, in violation of § 13A-8-43(a)(1), Code of Alabama 1975. He was sentenced as a habitual offender to 25 years' imprisonment.

The appellant argues that he was improperly sentenced because the State failed to give him notice of intent to proceed under the Alabama Habitual Felony Offender Act prior to sentencing, as required by A.R.Cr.P.Temp. 6(b)(3)(ii). A.R.Cr.P. 26.6(b)(3)(ii) (formerly A.R.Cr.P.Temp. 6(b)(3)(ii)) states: "At a reasonable time prior to the hearing, the defendant shall be given…