Cooper v. State

We issued the writ of certiorari to review the holding of the Court of Criminal Appeals relating to the notice requirements of Rule 26, Ala.R.Crim.P., in a case in which the State wishes to use prior felony convictions to enhance a defendant's sentence.

Having reviewed the opinion of the Court of Criminal Appeals and the applicable law, we agree with that court that the State failed to properly notify the defendant of the specific felony offenses that the State intended to prove in order to enhance his sentence. As the Court of Criminal Appeals pointed out in its opinion, merely listing prior…