Rue v. State

TYSON, Judge.

Jack Benny Rue was indicted for receiving stolen property in the first degree in violation of § 13A-8-17, Code of Alabama 1975. Prior to trial, the appellant (who had three prior felony convictions) was offered the opportunity to plead guilty to “receiving stolen property in the second degree” and in return, he would receive a fifteen year sentence. The appellant rejected this offer and the case proceeded to trial.

After the State had rested and during the presentation of his defense, the appellant changed his mind and pled guilty to receiving stolen property in the second degree.…