Nichols v. State

Randy Willard Nichols was convicted of first degree escape and sentenced to life imprisonment as a habitual offender. This appeal is from that conviction.

I

Nichols argues that he was indicted under the wrong code section because his alleged escape constituted a misdemeanor and not a felony.

The undisputed evidence shows that Nichols was an inmate of the state prison system serving a ten-year sentence for a 1980 conviction of second degree burglary. On April 17, 1982, Nichols was incarcerated at the Alabama Department of Corrections' Decatur Community Based Facility, a work release center.…