Allen v. State

GREENE, Chief Judge.

Terry Allen was originally charged with capital murder. The incident precipitating filing of the charge was a service station robbery committed by Allen and two companions, Mitchel Gresham and Dennis Ashley, during which the proprietress, Thelma Searcy, was shot and killed and her husband, Bennie, was seriously injured.

As the result of a plea bargain, the capital murder charge against Allen for killing Thelma was dismissed, and he entered a plea of guilty to a charge of first degree assault for shooting Bennie Searcy with a 16-gauge shotgun. Allen was sentenced to life…