Marks v. State

On Application for Rehearing.

The opinion issued on August 31, 2007, is withdrawn, and the following opinion is substituted therefor.

Garrett Jeremy Marks was indicted by a Baldwin County grand jury for robbery in the first degree, a violation of § 13A-8-41(a)(1), Ala.Code 1975; the indictment resulted from the theft of personal property belonging to Douglas Speese, which was taken from Speese at gunpoint. A jury found Marks guilty of first-degree robbery. The trial court sentenced Marks, an habitual offender, to 45 years’ imprisonment.

*167The evidence presented at trial indicated the following. On…