Ex Parte Peterson

This Court granted certiorari to review the decision of the Court of Criminal Appeals with regard to the propriety of sentencing the defendant under § 13A-5-9 (b), Code of Alabama (Habitual Felony Offender Act). 466 So.2d 982.

The defendant was convicted of first degree rape. The crime was committed on August 6, 1982. After the defendant was convicted, the State filed a petition requesting that the defendant be treated as a habitual felony offender for purposes of sentencing in this case. Attached as exhibits to the petition were certified copies of two felony convictions. The exhibits…