Randle v. State

ON RETURN TO REMAND

McMILLAN, Judge.

This cause was remanded to the trial court for resentencing because records of two of the prior convictions, from Kentucky and Georgia, were not properly certified. See § 12-21-70, Code of Alabama (1975). During the re-sentencing hearing, the prosecutor conceded that one of the convictions could not be used for enhancement purposes because that felony conviction was made an element of the conviction of escape. See Ringer v. State, 501 So.2d 493, 494 (Ala.Cr.App.1986); Lee v. State, 512 So.2d 826, 828 (Ala.Cr.App.1987). That conviction was not one of the two…