Averette v. State

Jerome C. Averette was indicted and convicted for theft of property in the second degree in violation of Alabama Code 1975, § 13A-8-4. The sentence of ten years' imprisonment was ordered split, with the defendant serving one year in jail and five years on probation. Restitution, as a condition of probation, was ordered in the amount of $2475. Five issues are raised on appeal.

I

The indictment contained fifteen counts. Each count alleged in substance that the defendant stole the proceeds of a check for $165 made payable to the Cabana Hotel and drawn on the account of Youth Development, Inc. A…