Gilmore v. State

The appellant, Robert Dale Gilmore, appeals from his conviction of robbery in the third degree, a violation of §13A-8-43(a)(2), and sentence of 25 years, upon application of the Habitual Felony Offender Act; the State proved six prior convictions.

Gilmore was arrested for theft of property in the second degree; he was subsequently indicted and convicted of robbery in the third degree based on the following set of circumstances. Gilmore and a female companion were observed by the loss-prevention security agent at the Alexander City Super Wal-Mart discount store taking air tools from the…