Trone v. State

Appellant was convicted of robbery. The trial judge fixed punishment at twenty-five years imprisonment in the penitentiary.

The term of punishment was authorized by § 13-3-110, Code of Ala. 1975, which reads:

"Any person who is convicted of robbery shall be punished by imprisonment in the penitentiary for not less than 10 years, or as otherwise specified by law."

The court, not the jury, was mandated to fix the term of service in the penitentiary. Section 15-18-20, Code of Ala. 1975. We quote this section:

"When an offense is punishable by imprisonment in the penitentiary or hard labor for the…