Summleor v. State

PATTERSON, Presiding Judge.

The appellant, Jeffery Summleor, alias, was tried for burglary in the third degree, in violation of § 13A-7-7, Code of Alabama 1975, and theft in the first degree, in violation of § 13A-8-3. He was convicted of burglary in the third degree and was sentenced to 10 years’ imprisonment. The trial court declared a mistrial on the theft count because the jury was hopelessly deadlocked on the issue of “intent to deprive.” The appellant raises one issue on appeal.

The appellant contends that the trial court erred by instructing the jury that, in order to convict him of…