Payne v. State

The appellant, Jason William Payne, was convicted of first-degree burglary, a violation of § 13A-7-5(a)(2), Ala. Code 1975. The trial court sentenced him, as a habitual offender, to serve a term of life in prison. See § 13A-5-9(c), Ala. Code 1975. The appellant filed a motion for a new trial, which was denied by operation of law. This appeal followed.

Our examination of the record reveals that the indictment against the appellant alleged that he

"did, on or about September 25, 2003, knowingly and unlawfully enter or remain unlawfully in the dwelling of John Lacy, and while effecting entry or…