Calhoun v. State

WELCH, Judge.

William E. Calhoun appeals from the denial of his motion to reconsider his sentence, made pursuant to § 13A-5-9.1, Ala. Code 1975, commonly referred to as a Kirby motion. Kirby v. State, 899 So.2d 968 (Ala.2004). On November 15, 1993, Calhoun pleaded guilty to and was convicted in two cases of second-degree burglary and one ease of promoting prison contraband. As a result, he was sentenced as a habitual felony offender to three concurrent terms of life imprisonment.

On July 12, 2007, Calhoun filed the instant Kirby motion in the Choctaw Circuit Court, requesting that the court…