Johnson v. State

McMILLAN, Presiding Judge.

The appellant, Elvin Johnson, was indicted for first-degree receiving stolen property and, on November 7, 1989, he pleaded guilty to second-degree receiving stolen property. He was sentenced to five years’ imprisonment in the state penitentiary. Johnson did not appeal his conviction.

In this, his third Rule 32, Ala. R.Crim. P., petition, he alleges that his indictment was void because it omitted an essential element of the offense of first-degree receiving stolen property, specifically that he “intentionally receive[d], retain[ed] or dispose[d] of stolen property.”

The…