Alabama Court of Criminal Appeals, 1990

Stokes v. State

Stokes v. State
Alabama Court of Criminal Appeals · Decided June 29, 1990 · Bowen
564 So. 2d 479; 1990 Ala. Crim. App. LEXIS 917; 1990 WL 120503 (Southern Reporter, Second Series)

Stokes v. State

Opinion of the Court

ON RETURN TO REMAND

BOWEN, Judge.

On remand, the trial judge properly sentenced the defendant to 20 years’ imprisonment “not under the Habitual Offender Act. But, ... under the Controlled Substances Act.” This is in accord with Ex parte Chambers, 522 So.2d 313 (Ala. 1987), and our opinion on the original submission. Therefore, the judgment of the trial court is affirmed.

OPINION EXTENDED;

AFFIRMED.

All Judges concur.

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