Brannon v. State

I believe that this case involves a failure to repay a debt, and as such, it is a civil matter and not the proper subject of a criminal prosecution. Therefore, I must respectfully dissent from the unpublished memorandum affirming Huey Lee Bran-non’s conviction for theft pursuant to § 13A-8-2(a), Ala.Code 1975.

The indictment charging Brannon with theft alleged that he knowingly obtained or exerted unauthorized control of approximately $46,321.74. The indictment charged that the money was the property of Bombardier Capital, Inc. (“BCI”); American Manufactured Homes, Inc. (“AMH”); and/or Kelley…