Ervin v. State

Herman Ousley Ervin, the appellant, was convicted of robbery in the first degree and was sentenced to life imprisonment as a habitual felony offender. He raises two issues on this appeal from that conviction.

I

The appellant maintains that his initial arrest for public intoxication was illegal, and that, consequently, his subsequent arrest for resisting arrest and assault in the third degree and the search of the automobile were all illegal. We disagree.

On January 3, 1991, Gadsden police officer Brian D. Bostick observed an automobile "speeding rapidly off" from Krystal's parking lot and…