In re: Altonio Spencer v. State of Alabama

Summary

The court held that the Habitual Felony Offender Act required sentencing Spencer under its provision giving the trial court discretion to impose either life imprisonment or life imprisonment without the possibility of parole. The pharmacy-robbery statute's parole-ineligibility provision did not authorize the trial court to eliminate that sentencing discretion or create a hybrid sentence. The judgment affirming Spencer's sentence was therefore reversed and the case was remanded for resentencing.