Johnson v. State

Mark Randall Johnson was indicted in one count of first degree burglary in violation of § 13A-7-5(a)(1), Code of Alabama, 1975 and two counts of third degree burglary in violation of § 13A-7-5(a), Code of Alabama, 1975. At the close of the State's case, the State stipulated that the charge in the indictment should have been burglary in the third degree. The appellant was convicted of third degree burglary and sentenced to 40 years in prison as a habitual felony offender. The appellant asserts eight grounds of error on appeal.

The record indicates that the burglary at issue occurred on May 24,…