Bender v. State

ON APPLICATION FOR REHEARING

This court's opinion issued on August 23, 1996, is withdrawn and the following opinion is substituted therefor.

The appellant, Tenneyson Ray Bender, was convicted of theft of property in the second degree, a violation of § 13A-8-4(g), Code of Alabama 1975. He was sentenced to 18 years in the state penitentiary pursuant to the Habitual Felony Offender Act.

The state's evidence tended to show that on October 17, 1992, the appellant took a pair of cowboy boots valued at $150 from Don Walker's Western Wear, a retail clothing store. The state presented evidence that the…