McKelvey v. State

AFTER REMAND

In an unpublished memorandum, this Court affirmed the appellant's convictions for third degree burglary and first degree theft. McKelvey v. State, 595 So.2d 922 (Ala.Cr.App. 1991) (table). On certiorari review, the Alabama Supreme Court held that McKelvey could raise for the first time on direct appeal his claim that he was improperly sentenced. Exparte McKelvey, 630 So.2d 56 (Ala. 1992). On remand, this Court, in response to the directions of the Supreme Court, found that "the appellant's convictions for burglary and theft arose from the same 'act or omission' within the meaning…