Code of Alabama
Ala. Code § 13A-5-10 (2026)
Habitual Felony Offenders - Proof; Restriction on Imposition of Penalty.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according to procedures established by rule of court.
(b) Section 13A-5-9 does not apply to a corporation.
(Acts 1977, No. 607, p. 812, §1237.)
Notes of Decisions
Cited in 7
cases, 1983–2014 · leading case: Thompson v. State, 525 So. 2d 820 (Ala. 1985).
Thompson v. State, 525 So. 2d 820 (Ala. 1985). “) Code 1975, § 13A-5-10, provides: "The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under section 13A-5-9, according to procedures established by rule of court.”
Shaw v. State, 207 So. 3d 79 (Ala. Crim. App. 2014). “Aubrey Lynn Shaw was convicted of murdering 83-year-old Doris Gilbert and 79-year-old Robert Gilbert during the course of a burglary and pursuant to one act or course of conduct, offenses defined as capital by §§ 13A-5-10(a)(4) and 13A-5-40(a)(10), Ala.”
J.W. Rickett v. Charles Jones, Warden (St. Clair) & the Attorney Gen. of the State of Alabama, 901 F.2d 1058 (11th Cir. 1990). “See Ala. Code § 13A-5-10(a); Holley, 397 So.2d at 213-14 .”
Penn v. State, 189 So. 3d 107 (Ala. Crim. App. 2014). “Code 1975 (CC-2011-511); and (4) and the murder of two individuals during one act or pursuant to one scheme or course of conduct, see § 13A-5-10(a)(10), Ala.Code 1975 (CC-2011-511).”
Ex Parte Howington, 622 So. 2d 896 (Ala. 1993). “NOTES [1] Section 13A-5-10(a), Ala.Code 1975, states, "The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under § 13A-5-9, according to procedures established by rule of court.”
McGowan v. State, 455 So. 2d 922 (Ala. Crim. App. 1983). “The case is remanded for a sentence hearing pursuant to § 13A-5-9, Code of Alabama 1975, § 13A-5-10, Code of Ala *924 bama 1975, and A.”
Fitz v. State, 497 So. 2d 552 (Ala. Crim. App. 1986). “Alabama Criminal Code, § 13A-5-10 provides, “The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according to procedures established by rules of court.”
Ala. Code § 13A-5-10(a): 2 cases
J.W. Rickett v. Charles Jones, Warden (St. Clair) & the Attorney Gen. of the State of Alabama, 901 F.2d 1058 (11th Cir. 1990). “See Ala. Code § 13A-5-10(a); Holley, 397 So.2d at 213-14 .”
Ex Parte Howington, 622 So. 2d 896 (Ala. 1993). “NOTES [1] Section 13A-5-10(a), Ala.Code 1975, states, "The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under § 13A-5-9, according to procedures established by rule of court.”
Ala. Code § 13A-5-10(a)(10): 1 case
Penn v. State, 189 So. 3d 107 (Ala. Crim. App. 2014). “Code 1975 (CC-2011-511); and (4) and the murder of two individuals during one act or pursuant to one scheme or course of conduct, see § 13A-5-10(a)(10), Ala.Code 1975 (CC-2011-511).”
Ala. Code § 13A-5-10(a)(4): 1 case
Shaw v. State, 207 So. 3d 79 (Ala. Crim. App. 2014). “Aubrey Lynn Shaw was convicted of murdering 83-year-old Doris Gilbert and 79-year-old Robert Gilbert during the course of a burglary and pursuant to one act or course of conduct, offenses defined as capital by §§ 13A-5-10(a)(4) and 13A-5-40(a)(10), Ala.”
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