Congo v. State

Appellant was indicted for the offense of first-degree theft of property and second-degree receipt of stolen property. After a trial by jury, appellant was found guilty of the offense of theft of property in the first degree as charged in count one of the indictment. Subsequent to the return of the jury verdict, a sentencing hearing was scheduled and the provisions of the Alabama Habitual Felony Offender Act were invoked. The trial court sentenced the appellant to a term of thirty years and one day in the state penitentiary. From said conviction and sentence, this appeal follows.

On appeal,…