Ex Parte Brannon

Gilbert Brannon pleaded guilty to possession of controlled substances. At the sentencing hearing, the prosecutor produced certified copies of three prior felony convictions (none of which was drug-related). Brannon was then sentenced under Ala. Code 1975, § 13A-5-9 (hereinafter the "Habitual Felony Offender Act"). The Court of Criminal Appeals affirmed, without opinion. 524 So.2d 387.* We granted certiorari to decide whether the sentencing of Brannon under the Habitual Felony Offender Act conflicts with our decision in Ex parte Chambers, 522 So.2d 313 (Ala. 1987). We find that it does, and…