Gulledge v. State

Jimmy and Terry Gulledge were convicted for theft in the second degree and sentenced as habitual offenders to imprisonment for terms of thirty and twenty years respectively. On their appeals from those convictions, both defendants raise the same three issues.

I

Although the entire trial was held in the absence of both defendants, neither defendant was denied his constitutional right to be present during every stage of his trial. Ex parteHammond, 510 So.2d 153, 154 (Ala. 1987); Berness v. State,263 Ala. 641, 644, 83 So.2d 613 (1955). The trial court found that "the defendants did voluntarily and…