Johnson v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant guilty of theft of property in the second degree as defined by Alabama Criminal Code (1981 Cumm. Supp.), § 13A-8-4(a). A proceeding under the Habitual Felony Offender Act was instituted against him, and he was sentenced, after an appropriate sentencing hearing, to imprisonment for twenty-one years.

The only issue raised by appellant is thus stated in his brief, “The evidence was not sufficient to sustain the verdict of guilty of theft in the second degree.” Ap-pellee aptly responds in effect that as there is no motion to exclude the…