Cooper v. State

ON RETURN TO REMAND

PATTERSON, Presiding Judge.

On September 20, 1991, we remanded this case to the trial court with instructions to conduct a new sentencing hearing because the trial court had erroneously considered, for enhancement purposes under the Habitual Felony Offender Act, § 13A-5-9, Code of Alabama 1975, the appellant’s 1977 federal conviction for a violation of 18 U.S.C. § 2313 (1970) (receiving and concealing a stolen motor vehicle) in sentencing the appellant to life imprisonment without the possibility of parole. We concluded that the state had failed to prove that the crime for…