Gracie v. State

KELLUM, Judge.

The appellant, Willie Gracie, was convicted of one count of first-degree robbery, a violation of § 13A-8-41, Ala.Code 1975. The circuit court sentenced Gracie as a habitual felony offender to 25 years’ imprisonment and ordered Gracie to pay $355 in restitution and all costs. This appeal followed.

The record on appeal indicates the following pertinent facts. On the night of November 17, 2008, Eugene Raby, the clerk at the Diamond Gasoline Service station in Demopolis, was robbed at gunpoint. Raby testified that the robber was a black male wearing a ski mask and a black coat that…