Thomas v. State

AVISE, Judge.

The appellant, Charleston D. Thomas, was convicted of one count of attempted first-degree kidnapping, in violation of §§ 13A-4-2 and 13A-6-43, Ala.Code 1975. He was sentenced to 20 years’ imprisonment. Thomas filed a motion for a new trial; one of the claims in the motion for a new trial alleged that Thomas’s counsel *1289was ineffective because counsel had failed to subpoena for trial Henrietta Burroughs, an alibi witness who would have testified that Thomas was with her at the time of the alleged offense. After conducting an evidentiary hearing on Thomas’s motion for a new trial,…