Tolbert v. State

Tauarus M. Tolbert appeals from the circuit court's denial of his Rule 32, Ala. R.Crim. P., petition. Tolbert, who was 19 years old at the time of the offense, was one of three codefendants1 convicted of robbing a Shell gasoline service station in Bay Minnette. The petition sought post-conviction relief from Tolbert's conviction for robbery in the first degree and his sentence as a habitual felon to life in prison. Tolbert was tried on March 1, 2000. This trial ended in a mistrial based on the prosecution's withholding exculpatory material that came to its attention during discovery. Tolbert…