Alabama Court of Criminal Appeals, 1990

Vines v. State

Vines v. State
Alabama Court of Criminal Appeals · Decided March 16, 1990 · McMillan
563 So. 2d 58; 1990 Ala. Crim. App. LEXIS 129; 1990 WL 57562 (Southern Reporter, Second Series)

Vines v. State

Opinion of the Court

*59AFTER REMAND FROM THE ALABAMA SUPREME COURT

McMILLAN, Judge.

On remand by the Alabama Supreme Court for consideration in light of Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989), we hold that this cause is due to be affirmed because appellant’s claim that his sentence constituted cruel and unusual punishment is without merit. Appellant had two prior felonies and was sentenced under the Habitual Felony Offender Act pursuant to his conviction of attempted rape, a Class B felony. His 20-year sentence was well within the statutory range.

Affirmed.

All Judges concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.