Mitchell v. State

SHORES, Justice.

Cary T. Mitchell was adjudicated a youthful offender on the underlying charge of second-degree theft of property, a violation of § 13A-8-4, Ala.Code 1975, for allegedly stealing nitrous oxide tanks from the East Montgomery Medical Center on August 1, 1995.

Section 13A-8-4 reads in part:

“(a) The theft of property which exceeds $250.00 in value but does not exceed $1,000.00 in value, and which is not taken from the person of another, constitutes theft of property in the second degree.

“(b) Theft of property in the second degree is a Class C felony.”

Mitchell was sentenced to a…