Madden v. State

*1194AFTER REMAND FROM ALABAMA SUPREME COURT

McMillan, judge.

In Ex parte Madden, 602 So.2d 1192 (Ala.1991), the Alabama Supreme Court remanded this cause to this court for review consistent with that opinion. In that opinion, the Alabama Supreme Court stated that the petitioner argued that the two prior sodomy convictions under Georgia law, should be considered as one felony conviction under Alabama law for purposes of enhancement under the Habitual Felony Offender Act. The two sodomy convictions allegedly arose from the same transaction; however, one was anal and the other oral. Thus, although the…