Opinion
1 Div. 761.
June 29, 1990.
Appeal from Circuit Court, Mobile County.
For majority opinion see, Ala. Cr. App., 555 So.2d 254.
ON RETURN TO REMAND
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.