Dunning v. State

The appellant, Gary Stewart Dunning, was convicted of robbery in the first degree in violation of § 13A-8-41, Code of Alabama 1975. He was sentenced to 25 years in the penitentiary.

The state's evidence tended to show that on December 2, 1992, between 10:00 p.m. and 11:00 p.m., the appellant robbed Odessa Jones at her residence in Birmingham. Jones testified as follows: She had just returned home from church with her four children. Shortly thereafter, Jones heard someone coming through her front door. When she entered her living room, she saw two men with guns coming through the front door.…