Barnes v. State

The appellant alleges that he pled guilty to two counts of theft of property in the second degree and was sentenced to serve fifteen years in prison on each count. He admits that he filed a previous Rule 32, Ala. R.Crim. P., petition challenging his convictions. The appellant's second Rule 32 petition alleges that he was improperly sentenced to serve fifteen years in prison, because the maximum sentence authorized for a Class C felony is 10 years, see § 13A-5-6(a)(3), and he was not sentenced as a habitual offender. In its response to the appellant's petition, the State did not specifically…