Code of Alabama

Ala. Code § 13A-5-9 (2026)

Habitual Felony Offenders - Additional Penalties. (Amended by Act 2026-496)

✓ official Alabama Legislature (ALISON) text, current July 2026

Find cases: SyfertCases citing this section JustiaAla. Code CornellLII Search CasesGoogle Scholar

AMENDED BY ACT 2026-496, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C 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 B felony.

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

(3) On conviction of a Class A 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.

(b) In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C 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.

(c) In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C 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.

(4) On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.

(d) In all cases when it is shown that a criminal defendant has been previously convicted of any two or more felonies that are Class A or Class B felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

(e) In all cases when it is shown that a criminal defendant has been previously convicted of any three or more felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

(Acts 1977, No. 607, p. 812, §1235; Acts 1979, No. 79-664, p. 1163, §1; Act 2000-759, p. 1736, §1; Act 2015-185, §2.)

Notes of Decisions

Cited in 445 cases (28 in the last 5 years), 1981–2026 · leading case: Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006).

Sort: Relevance Newest Treatment

Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). · cites it 18× “) On March 22, 2005, the circuit court issued the following order denying Holt's motion: "This matter was before the court on 10 February, 2005, on [Holt's] petition for a new sentence hearing pursuant to Act 2001-977 and § 13A-5-9 et seq., Code of Alabama. *731 "The evidence…”

Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “" Ala. Code § 13A-5-9(c)(2) (Lexis Supp. 2002); §§ 13A-8-3(a), (c) (1994).”

Thompson v. State, 525 So. 2d 820 (Ala. 1985). · cites it 8× “He was sentenced under Code 1975, § 13A-5-9, the Habitual Felony Offender Act, to life imprisonment.”

Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). · cites it 9× “The Court reasoned: "Alabama's Habitual Felony Offender Act (`HFOA') is codified in Ala.Code 1975, §§ 13A-5-9 and -10. Section 13A-5-1(a) provides that `[e]very person convicted of any offense defined in this title, or defined outside this title, shall be sentenced by the court…”

Ex Parte State, 960 So. 2d 740 (Ala. 2006). · cites it 8× “1 violates the separation-of-powers doctrine by requiring trial courts to apply "[t]he provisions of § 13A-5-9 . . . retroactively," thereby changing the law of finality that was incorporated into the sentence at the time the sentence became final.”

BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996). · cites it 2× “, Ala. Code § 13A-5-9 (1994); Cal. Penal Code Ann.”

Lane v. State, 66 So. 3d 824 (Ala. 2010). · cites it 17× “The trial court sentenced him to 120 years’ imprisonment pursuant to the Habitual Felony Offender Act, § 13A-5-9, Ala.Code 1975 (“the HFOA”). 1 The Court of Criminal Appeals affirmed his conviction but reversed his sentence and remanded the case for the trial court to resentence…”

Hale v. State, 848 So. 2d 224 (Ala. 2002). · cites it 5× “After a sentencing hearing, the trial court sentenced Hale, as an habitual felony offender with one prior felony conviction, to the maximum of life imprisonment (§ 13A-5-9(a)(2), Ala. Code 1975), plus an additional ten years' imprisonment pursuant to the schoolyard and public…”

Ex parte Robert Gill., 157 So. 3d 881 (Ala. 2014). · cites it 15× “I believe that Gill's case is representative of a systemic problem associated with the Habitual Felony Offender Act, § 13A-5-9, Ala. Code 1975 ("the HFOA"). Gill was convicted of first-degree robbery, a Class A felony, and was sentenced as a habitual felony offender to life…”

Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). · cites it 29× “However, unlike the firearm enhancement at issue in Smith, the HFOA is not contained in § 13A-5-6, but rather is codified as a separate statute at § 13A-5-9. *823 Further, the recidivist statute at § 13A-5-9 contains clear and unambiguous language evidencing the Alabama…”

Ex Parte State, 602 So. 2d 452 (Ala. 1992). · cites it 6× “This sentence was mandatory because the State had invoked the Habitual Felony Offender Act ("HFOA"), Ala.Code 1975, § 13A-5-9, and had proved, to the trial court's satisfaction, that Connolly had been convicted of three prior felonies.”

Ex Parte Butler, 972 So. 2d 821 (Ala. 2007). · cites it 5× “See § 13A-5-9, Ala.Code 1975. In March 2005, Butler filed a motion pursuant to § 13A-5-9.”

Show all 445 citing cases →

— Ala. Code § 13A-5-9(4) — 1 case

Hayes v. State, 65 So. 3d 486 (Ala. Crim. App. 2010).

— Ala. Code § 13A-5-9(a) — 17 cases

Coulter v. State, 438 So. 2d 336 (Ala. Crim. App. 1982).

Gholston v. State, 620 So. 2d 719 (Ala. 1993).

Baker v. State, 87 So. 3d 587 (Ala. Crim. App. 2009).

Thomas v. State, 435 So. 2d 1319 (Ala. Crim. App. 1981).

Summerhill v. State, 436 So. 2d 2 (Ala. Crim. App. 1983).

— Ala. Code § 13A-5-9(a)(1) — 5 cases

Hayes v. State, 588 So. 2d 502 (Ala. Crim. App. 1991).

Sanders v. State, 145 So. 3d 92 (Ala. 2013).

Phelps v. State, 878 So. 2d 1202 (Ala. Crim. App. 2002).

Wright v. State, 487 So. 2d 962 (Ala. Crim. App. 1985).

Chambers v. State, 522 So. 2d 311 (Ala. Crim. App. 1986).

— Ala. Code § 13A-5-9(a)(2) — 12 cases

Hale v. State, 848 So. 2d 224 (Ala. 2002). “After a sentencing hearing, the trial court sentenced Hale, as an habitual felony offender with one prior felony conviction, to the maximum of life imprisonment (§ 13A-5-9(a)(2), Ala. Code 1975), plus an additional ten years' imprisonment pursuant to the schoolyard and public…”

Toles v. State, 854 So. 2d 1171 (Ala. Crim. App. 2002).

Secundino Barcelo Cocio v. Lloyd Bramlett, Superintendent, Arizona State Prison, Florence, 872 F.2d 889 (9th Cir. 1989).

J.W. Rickett v. Charles Jones, Warden (St. Clair) & the Attorney Gen. of the State of Alabama, 901 F.2d 1058 (11th Cir. 1990).

Morris v. State, 876 So. 2d 1176 (Ala. Crim. App. 2003).

— Ala. Code § 13A-5-9(a)(3) — 9 cases

Danny Eugene Esslinger v. Leoneal Davis, Warden Attorney Gen. of the State of Alabama, 44 F.3d 1515 (11th Cir. 1995).

Lane v. State, 66 So. 3d 824 (Ala. 2010). “The trial court sentenced him to 120 years’ imprisonment pursuant to the Habitual Felony Offender Act, § 13A-5-9, Ala.Code 1975 (“the HFOA”). 1 The Court of Criminal Appeals affirmed his conviction but reversed his sentence and remanded the case for the trial court to resentence…”

State v. Thomas, 611 So. 2d 472 (Ala. Crim. App. 1992).

Hatfield v. State, 29 So. 3d 241 (Ala. Crim. App. 2009).

Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “However, unlike the firearm enhancement at issue in Smith, the HFOA is not contained in § 13A-5-6, but rather is codified as a separate statute at § 13A-5-9. *823 Further, the recidivist statute at § 13A-5-9 contains clear and unambiguous language evidencing the Alabama…”

— Ala. Code § 13A-5-9(a)(l) — 6 cases

Singleton v. State, 209 So. 3d 529 (Ala. Crim. App. 2015).

Norris v. State, 455 So. 2d 226 (Ala. Crim. App. 1984).

Hall v. State, 580 So. 2d 123 (Ala. Crim. App. 1991).

Toombs v. State, 739 So. 2d 550 (Ala. Crim. App. 1999).

Lindsey v. State, 895 So. 2d 1018 (Ala. Crim. App. 2004).

— Ala. Code § 13A-5-9(b) — 14 cases

Windsor v. State, 110 So. 3d 876 (Ala. Crim. App. 2012).

Summerhill v. State, 436 So. 2d 2 (Ala. Crim. App. 1983).

Jimmy Dill v. Richard F. Allen, 488 F.3d 1344 (11th Cir. 2007).

Minor v. State, 546 A.2d 1028 (Md. 1988).

— Ala. Code § 13A-5-9(b)(1) — 9 cases

Ex Parte Jackson, 886 So. 2d 155 (Ala. 2004).

Harrison v. State, 879 So. 2d 594 (Ala. Crim. App. 2003).

McNeely v. State, 524 So. 2d 375 (Ala. Crim. App. 1988).

Fuqua v. State, 910 So. 2d 141 (Ala. Crim. App. 2005).

Johnson v. State, 620 So. 2d 661 (Ala. Crim. App. 1991).

— Ala. Code § 13A-5-9(b)(2) — 10 cases

Pickens v. State, 475 So. 2d 637 (Ala. Crim. App. 1985).

Barr v. State, 4 So. 3d 578 (Ala. Crim. App. 2008).

Williams v. State, 539 A.2d 164 (Del. 1988).

Enfinger v. State, 123 So. 3d 535 (Ala. Crim. App. 2012).

Summerhill v. State, 420 So. 2d 804 (Ala. Crim. App. 1982).

— Ala. Code § 13A-5-9(b)(3) — 24 cases

Windsor v. State, 110 So. 3d 876 (Ala. Crim. App. 2012).

Cockrell v. State, 890 So. 2d 168 (Ala. Crim. App. 2003).

Clemons v. State, 814 So. 2d 317 (Ala. Crim. App. 2001).

— Ala. Code § 13A-5-9(b)(S) — 1 case

— Ala. Code § 13A-5-9(b)(l) — 6 cases

Wilson v. State, 855 So. 2d 579 (Ala. Crim. App. 2002).

Hiett v. State, 548 So. 2d 483 (Ala. Crim. App. 1987).

Russell v. State, 428 So. 2d 126 (Ala. Crim. App. 1982).

Mount v. State, 920 So. 2d 1132 (Ala. Crim. App. 2005).

Pinkston v. Lamarque, 247 F. Supp. 2d 1145 (N.D. Cal. 2003).

— Ala. Code § 13A-5-9(c) — 27 cases

Ex Parte State, 602 So. 2d 452 (Ala. 1992). “This sentence was mandatory because the State had invoked the Habitual Felony Offender Act ("HFOA"), Ala.Code 1975, § 13A-5-9, and had proved, to the trial court's satisfaction, that Connolly had been convicted of three prior felonies.”

Gonzalez v. Duncan, 551 F.3d 875 (9th Cir. 2008).

Ex parte Robert Gill., 157 So. 3d 881 (Ala. 2014). “I believe that Gill's case is representative of a systemic problem associated with the Habitual Felony Offender Act, § 13A-5-9, Ala. Code 1975 ("the HFOA"). Gill was convicted of first-degree robbery, a Class A felony, and was sentenced as a habitual felony offender to life…”

Willie James Williams v. Willie E. Johnson, Warden, 845 F.2d 906 (11th Cir. 1988).

Avis Dante Hinkle v. State of Alabama., 86 So. 3d 441 (Ala. Crim. App. 2011).

— Ala. Code § 13A-5-9(c)(1) — 23 cases

Ingram v. State, 878 So. 2d 1208 (Ala. Crim. App. 2003).

McAdory v. State, 895 So. 2d 1029 (Ala. Crim. App. 2004).

Pack v. State, 461 So. 2d 910 (Ala. Crim. App. 1984).

Carlisle v. State, 533 So. 2d 645 (Ala. Crim. App. 1988).

Best v. State, 895 So. 2d 1050 (Ala. Crim. App. 2004).

— Ala. Code § 13A-5-9(c)(2) — 42 cases

Ewing v. California, 538 U.S. 11 (2003). “" Ala. Code § 13A-5-9(c)(2) (Lexis Supp. 2002); §§ 13A-8-3(a), (c) (1994).”

Holt v. State, 960 So. 2d 726 (Ala. Crim. App. 2006). “) On March 22, 2005, the circuit court issued the following order denying Holt's motion: "This matter was before the court on 10 February, 2005, on [Holt's] petition for a new sentence hearing pursuant to Act 2001-977 and § 13A-5-9 et seq., Code of Alabama. *731 "The evidence…”

Jerry Harrison v. Ron Jones & Attorney Gen. of the State of Alabama, 880 F.2d 1279 (11th Cir. 1989).

Webb v. State, 539 So. 2d 343 (Ala. Crim. App. 1988).

Ex Parte Jackson, 836 So. 2d 979 (Ala. 2002).

— Ala. Code § 13A-5-9(c)(3) — 59 cases

White v. State, 4 So. 3d 1208 (Ala. Crim. App. 2008).

Ex Parte Gunn, 993 So. 2d 433 (Ala. 2007).

Ex Parte Butler, 972 So. 2d 821 (Ala. 2007). “See § 13A-5-9, Ala.Code 1975. In March 2005, Butler filed a motion pursuant to § 13A-5-9.”

— Ala. Code § 13A-5-9(c)(4) — 5 cases

State v. Moretti, 446 P.3d 609 (Wash. 2019).

Beamon v. State, 204 So. 3d 1 (Ala. Crim. App. 2014).

Jeffery Bernard Harris v. State of Alabama (Appeal from Dallas Circuit Court: CC-18-148) (Ala. Crim. App. 2024).

Scarver v. State, 142 So. 3d 554 (Ala. 2013).

Abercrombie v. State, 215 So. 3d 586 (Ala. Crim. App. 2014).

— Ala. Code § 13A-5-9(c)(8) — 1 case

Barr v. State, 4 So. 3d 578 (Ala. Crim. App. 2008).

— Ala. Code § 13A-5-9(c)(S) — 1 case

Ladd v. State, 426 So. 2d 938 (Ala. Crim. App. 1982).

— Ala. Code § 13A-5-9(c)(l) — 16 cases

Simons v. State, 217 So. 3d 16 (Ala. Crim. App. 2016).

State v. Anderson, 8 So. 3d 1033 (Ala. Crim. App. 2008).

Rayford Conner v. George Bowen, Warden, 842 F.2d 279 (11th Cir. 1988).

Robert Earl Walton, Cross-Appellant v. Attorney Gen. of the State of Alabama J.D. White, Cross-Appellees, 986 F.2d 472 (11th Cir. 1993).

Peoples v. State, 457 So. 2d 1000 (Ala. Crim. App. 1984).

— Ala. Code § 13A-5-9(e) — 1 case

Avis Dante Hinkle v. State of Alabama., 86 So. 3d 441 (Ala. Crim. App. 2011).

— Ala. Code § 13A-5-9(e)(2) — 1 case

Harper v. State, 189 So. 3d 1 (Ala. 2015).

— Ala. Code § 13A-5-9(e)(3) — 2 cases

Moore v. State, 739 So. 2d 536 (Ala. Crim. App. 1998).

Powe v. State, 898 So. 2d 693 (Ala. 2004).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.