Harrelson v. State

On May 23, 2003, Charles Hollis Harrelson III pleaded guilty to first-degree theft of property, a violation of § 13A-8-3(a), Ala. Code 1975. The trial court sentenced him, as a habitual offender, to 10 years, but suspended his sentence pending the completion of community service and took under advisement his application for probation. See § 13A-5-9(a)(2), Ala. Code 1975. This appeal followed.

Before pleading guilty, Harrelson filed a motion to suppress the evidence of the stolen goods found on his property; he argued that the affidavit underlying the search warrant executed on his property was…