Hamm v. State

The appellant was convicted of burglary in the third degree and sentenced to sixteen years in the penitentiary. He did not challenge the sufficiency of the State's proof at trial, nor does he argue on appeal that the verdict is unsupported by the evidence. Testimony for the State clearly established that on May 9, 1982, appellant entered and remained unlawfully on the business premises of Mrs. Margaret Foster, with the intent to commit the crime of theft of property.

The only issue presented on appeal is the propriety of appellant's sentence under § 13A-5-9, Code of Alabama 1975, the habitual…