McGee v. State

SAM TAYLOR, Judge.

Appellant, Lewis DeWayne McGee, was convicted of promoting prison contraband in the second degree and was sentenced under the Habitual Felony Offenders Act to 15 years’ additional imprisonment. He appeals on several grounds.

The state’s evidence tended to prove that the appellant was an inmate at the Staton Correctional Facility in Elmore County where he worked at the canning plant. A tower guard, Bernard Shindell, saw appellant and another inmate drive away from the plant on a farm-type tractor and trailer going to the garbage dump about a mile away. As they returned, Mr.…