Warren v. State

PARKER, Justice.

Thomas Walter Warren, Jr., was convicted, following a jury trial, of first-degree robbery and first-degree burglary. He appealed, and the Court of Criminal Appeals reversed his convictions and remanded the case for a new trial on the basis that the trial court erred in refusing to instruct the jury on the lesser-included offense of third-degree robbery. Warren v. State, 35 So.3d 633 (Ala.Crim.App.2006). We granted the State’s petition for certiorari review to determine whether the Court of Criminal Appeals’ decision conflicts with its decisions in Saffold v. State, 951 So.2d…