Wilbourn v. State

Appellant was indicted by the Grand Jury of Madison County, Alabama, for the offense of escape, third degree, in violation of § 13A-10-33, Code of Alabama (1975). Appellant was tried before a jury, which returned a verdict finding appellant guilty of escape, third degree. Following a sentencing hearing, during which the prosecution sought to invoke the Habitual Felony Offender Act, § 13A-5-9 (c)(1), Code of Alabama (1975), appellant was sentenced to forty-five (45) years' imprisonment in the State penitentiary by the court.

On July 15, 1983, appellant, in custody on an unrelated charge, was…