Burns v. State

Darryl Burns appeals the circuit court's denial of what he styled as a petition for a writ of mandamus.

Burns filed his petition on February 10, 2004. In his petition, Burns alleged that he had been sentenced to life imprisonment without the possibility of parole under the Habitual Felony Offender Act ("the HFOA"); that he was a nonviolent offender with no prior Class A felony convictions; and that, therefore, pursuant to § 13A-5-9.1, Ala. Code 1975, making retroactive an amendment to the HFOA effective May 25, 2000, he was entitled to have his sentence reconsidered. Burns requested that the…