Murphy v. State

Appellant Donald Murphy was convicted by a Jefferson County jury of theft of property in the second degree for stealing hubcaps. Since he had prior convictions, the mandatory provisions of the Habitual Felony Offender Act applied, and the court sentenced him to 18 years' imprisonment.

I

On appeal Murphy first contends that the jury should have been charged on the lesser included offense of attempted theft of property. The facts indicate that Murphy was observed by members of a family removing the hubcaps of a car in the Century Plaza parking lot in Birmingham, Alabama, and stacking them. He was…