Banks v. State

PATTERSON, Presiding Judge.

Appellant, Dora Banks, was convicted for robbery in the second degree, Ala.Code 1975, § 13A-8-42, and was sentenced as a habitual offender to 25 years’ imprisonment. She contends on appeal that the state failed “to prove a prima facie case because the stolen merchandise had been recovered before any force or violence was used.”

The state’s evidence showed that appellant and her daughter were observed by security personnel acting in a suspicious manner in the ladies’ department of the Sears store in Decatur. Appellant was observed placing five bras in her purse and…