Swain v. State

McMILLAN, Judge.

This appeal follows a conviction, pursuant to a guilty plea, for the offense of theft of property in the second degree, in violation of § 13A-8-4, Code of Alabama (1975). The appellant was sentenced to a term of ten years' imprisonment as a habitual offender. Because the trial court did not correctly inform the appellant of the permissible range of punishment prior to the acceptance of the plea, we reverse and remand.

The appellant was indicted for the offense of second degree theft of property and initially entered a plea of not guilty. On August 7, 1985, the State of Alabama…