Luker v. State

John David Luker was convicted in the Circuit Court of Mobile County on July 31, 1975, for possession of controlled substances, and was sentenced to 30 years. The conviction was affirmed by this court in Luker v. State, 344 So.2d 1219 (Ala.Cr.App.); writ quashed, 344 So.2d 1224 (Ala. 1977).

The trial court, pursuant to the drug recidivist statute, sentenced appellant to 30 years because of his prior narcotics convictions. The indictment under which he was tried did not aver any prior narcotics convictions. Consequently, appellant contends that the maximum sentence he could have received was 15…