Ex Parte Sanders

Jerald Sanders was convicted on April 10, 1996, of burglary in the first degree, a violation of § 13A-7-5, Ala. Code 1975. His sentence was enhanced to life imprisonment without parole, pursuant to the Habitual Felony Offender Act, § 13A-5-9, Ala. Code 1975 ("HFOA"), because he had had five prior convictions. On direct appeal, the Court of Criminal Appeals, on November 22, 1996, affirmed his conviction and sentence, without an opinion. Sanders v. State (No. CR-95-1542),698 So.2d 801 (Ala.Crim.App. 1996) (table).

Sanders petitioned the Mobile Circuit Court for postconviction relief pursuant to…