Prestwood v. State

The appellant, Alan Boyd Prestwood, alleges that he has convictions for theft of property and second-degree escape. He further alleges that the trial court sentenced him, as a habitual offender, to serve concurrent terms of twenty years in prison on each conviction. See § 13A-5-9, Ala. Code 1975. On October 20, 2004, the appellant filed a "Petition for Reconsideration Pursuant to § 13A-5-9.1, Code of Alabama (1975)," seeking reconsideration of his sentences. Citing Kirby v. State,899 So.2d 968 (Ala. 2004), the circuit court treated the petition as a motion pursuant to § 13A-5-9.1, Ala. Code…