Smith v. State

Ronald Smith was indicted for "receiving stolen property in the second degree" in violation of § 13A-8-18, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment." After dismissing the jury, the trial court had a lengthy discussion with counsel over the issue of sentencing appellant under the Habitual Felony Offenders Act, § 13A-5-9, Code of Alabama 1975. Since there was much dispute as to the adequacy of notice to appellant that he would be sentenced under the recidivist statute, the trial court postponed sentencing until several weeks later, at which time…