Murphy v. State

A jury found defendant (appellant) guilty of the crime of escape in the first degree as proscribed by Title 13A (the Alabama Criminal Code), § 13A-10-31 (a)(2)(b):

"(a) A person commits the crime of escape in the first degree if:

". . . .

"(2) Having been convicted of a felony, he escapes or attempts to escape from custody imposed pursuant to that conviction.

"(b) Escape in the first degree is a Class B felony."

Soon after the conviction, the court announced that a presentence investigation would be conducted by the probation officer, the State announced that it would proceed against defendant…