Mitchell v. State

This is an appeal from the denial of a petition for post-conviction relief. The petitioner challenges his 1986 conviction for the sale of marijuana and alleges that he was improperly sentenced under Alabama's Habitual Felony Offender Act in violation of Ex parte Chambers, 522 So.2d 313 (Ala. 1987). See also Ex parte Brannon, 547 So.2d 68 (Ala. 1989).

The State filed an answer to the petition but did not respond to the factual merits. The circuit court denied the petition without an evidentiary hearing. Under Chambers, the allegations of the petition have merit. Because those allegations have…