Gibbons v. State

The appellant, Gregory Shelton Gibbons, was convicted of escape in the third degree, a violation of § 13A-10-33, Code of Alabama 1975. He was sentenced as a habitual offender to 15 years in the penitentiary.

The state's sole witness, Detective Larry Foshee of the Clanton Police Department, testified that on October 25, 1994, he placed the appellant under arrest for violating the terms of his probation. Detective Foshee was on patrol in Clanton, when he observed the appellant walking down the street. Detective Foshee described the arrest as follows:

"I pulled up beside [the appellant], stepped…