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HOLSCLAW v. STATE

8 Div. 477.

406 So.2d 1019 (1981)

Michael D. HOLSCLAW, alias v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 4, 1981.

Attorney(s) appearing for the Case

Richard A. Kempaner, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Michael D. Holsclaw was indicted, tried and convicted of automobile theft in violation of § 13A-8-3(b), Code of Alabama 1975. Subsequent to a sentencing hearing, during which the state presented evidence of four prior felony convictions, the trial court sentenced appellant as a "habitual felony offender" to life imprisonment pursuant to § 13A-5-9-(c)(2), Code of Alabama 1975.

The conviction for the "underlying substantive offense",...

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