Toombs v. State

COBB, Judge.

Chester Toombs was convicted of burglary in the third degree, a violation of § 13A-8-43, Ala.Code 1975. He was sentenced pursuant to the Habitual Felony Offender Act, § 13A-5-9(a)(l), Ala.Code 1975, to 15 years in prison. That sentence was split, and he was ordered to serve 3 years in prison and 12 years on probation. On appeal, Toombs contends that the trial judge committed reversible error when he had an ex parte communication with the jury after deliberations had begun.

The record indicates that shortly after the jury retired to deliberate, a sister of one of the jurors…