Johnson v. State

Mark Randall Johnson was indicted in four counts of theft of property, first degree and one count of burglary, third degree, in violation of § 13A-8-3(b) and § 13A-7-7(a), Code of Alabama, 1975. The jury found the appellant "guilty as charged in Count III of the indictment" for theft of property, first degree. The trial court sentenced the appellant to life imprisonment in the state penitentiary, pursuant to the Habitual Felony Offender Act. The court also ordered the appellant to pay $850 restitution.

On April 5, 1985 Hollis Hilyer returned to his home on North River Road, in Shelby County,…