Weaver v. State

The appellant was indicted and convicted for burglary in the third degree. Ala. Code § 13A-7-7 (Supp. 1979). Upon determination that appellant was a habitual offender pursuant to Code § 13A-5-9 (b)(1) (Supp. 1979), the trial court fixed his punishment at ten years and one day. This appeal primarily concerns procedural questions; therefore, a lengthy recital of the facts is unnecessary.

The State's evidence was sufficient beyond any reasonable doubt to prove that appellant instigated and participated in the February 28, 1980, burglary as charged. Appellant was accompanied by two juveniles. The…