Shepard v. State

The appellant was found guilty of committing a theft of a controlled substance, while armed with a deadly weapon, in violation of § 13A-8-51, Code of Alabama (1975). He was sentenced to life imprisonment without parole, pursuant to the Habitual Felony Offender Act. Thereafter, the appellant filed a motion for resentencing, which was denied.

The appellant argues that the trial court erred in sentencing him to life imprisonment, because the "pharmacy robbery" statute, which he was convicted of violating, contains its own recidivist provision, in § 13A-8-52(b), Codeof Alabama (1975). That…