Harrell v. State

The appellant, Leo Harrell, received a five-year sentence for conspiracy to commit a controlled substance crime, in violation of §§ 13A-4-3 and 13A-12-212, Code of Alabama 1975. The appellant also received a 15-year sentence for conspiracy to commit robbery in the first degree, in violation of §§13A-4-3 and 13A-8-41, Code of Alabama 1975. The appellant raises several issues on appeal.

I

The appellant first contends that the trial court erred in denying his motion for a mistrial when the prosecution, in its closing argument, commented on the appellant's incarceration. We disagree.

Upon the…