Pate v. State

MAIN, Justice.

Joseph Lester Pate petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals’ affirmance by unpublished memorandum of the circuit court’s denial of his motion for reconsideration under § 13A-5-9.1, Ala.Code 1975, see Kirby v. State, 899 So.2d 968 (Ala. 2004), of his sentence imposed pursuant to § 13A-5-9, Ala.Code 1975, the Habitual Felony Offender Act (“the HFOA”). We reverse and remand.

Following a 1987 conviction for first-degree theft of property and Pate’s unsuccessful direct appeal of that conviction, see Pate v. State, 537 So.2d 76…