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alabama habitual offender law


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#1 ful3fillment

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Posted 06 May 2012 - 04:55 AM

In 1987 I was convicted in Alabama. The used two prior convictions to invoke the Habitual Offender Act. In 1991 while still serving time on the 1987 conviction, I escaped. I was then sentenced to 20 years for 3rd degree escape. Alabama used the same convictions in 1987 to invoke the Habitual Offender Act for the 3rd drgree escape. Is this legal

#2 GuessAgain

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Posted 06 May 2012 - 05:33 AM

Yes.  Alabama Code section 13a-5-9 is very clear:  (B) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies and after such convictions has committed another felony, he or she must be punished as follows:


(1) On conviction of a Class C felony, he or she must be punished for a Class A felony.


(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.


(3) On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.


© In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he or she must be punished as follows:


(1) On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.


(2) On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.


(3) On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.



#3 Tax_Counsel

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Posted 06 May 2012 - 11:23 AM

ful3fillment said...

Alabama used the same convictions in 1987 to invoke the Habitual Offender Act for the 3rd drgree escape. Is this legal

Yes. Each time you commit a felony, every prior felony you've committed gets taken into account. You had two felony convictions when when convicted in 1987 of the third offense. You escaped in 1991, a fourth offense. The statute stacks so that all three of the prior felonies are taken into account for the habitual offender statute when sentencing you on the escape charge. It makes sense, as the idea is that the more felonies you commit, the more severe your punishment ought to be.





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