State v. Dunn

On April 13, 1998, a Lee County grand jury returned an indictment against Earnest Jerome Dunn, charging him with possession of a pistol after having been convicted of a crime of violence, a violation of § 13A-11-72(a), Ala. Code 1975. The indictment specifically alleged that Dunn had previously been convicted of the offense of theft of property in the second degree. See § 13A-8-4(a), Ala. Code 1975.

On August 26, 1998, Dunn filed a motion to dismiss the indictment on grounds that his prior conviction for theft of property in the second degree was not a "crime of violence," as defined in §…