Humber v. State

Phillip DeWayne Humber was indicted on two counts of burglary in the third degree. At arraignment he pleaded not guilty, but later a plea bargain agreement was reached and appellant changed his plea to guilty. He was sentenced, under the Habitual Felony Offender Act, to ten years imprisonment on each count, sentences to run concurrently.

I

The appellant contends that he was not given sufficient advance notice, as required by Alabama Temporary Rules of Criminal Procedure 6 (b)(3)(ii), that he would be sentenced under the Habitual Felony Offender Act. The appellant was told that he would be…