Ex Parte French

We granted certiorari review in order to consider whether the trial court erred in enhancing Larry French's sentence under the Habitual Felony Offender Act, Ala. Code 1975, § 13A-5-9(b)(1) and (2). SeeFrench v. State, 687 So.2d 202 (Ala.Crim.App. 1995). We conclude that it did.

The record shows that the trial court used the following prior felony convictions to enhance the defendant's sentence: a 1994 Georgia conviction for violating the Georgia Controlled Substances Act and a 1994 Georgia conviction for possession of a firearm during the commission of that first felony. The Court of Criminal…