Butler v. State

Supreme Court of Alabama

Butler v. State

457 So. 2d 356, 1984 Ala. LEXIS 4620

CourtSupreme Court of Alabama

DecidedSeptember 14, 1984

Docket83-803

StatusPublished

This text of 457 So. 2d 356 (Butler v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. State, 457 So. 2d 356, 1984 Ala. LEXIS 4620 (Ala. 1984).

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Opinion

SHORES, Justice.

In quashing the writ, we note the fact that although the conviction for theft of property in the second degree is a nullity (having been announced after the jury was dismissed and after the defendant had left the courtroom, Hayes v. State, 107 Ala. 1, 18 So. 172 (1894)), this in no way affects the sentence of the defendant under the Habitual Felony Offender Act for burglary in the third degree, the defendant having been convicted of two prior felonies.

WRIT QUASHED.

MADDOX, JONES, EMBRY, BEATTY and ADAMS, JJ., concur.

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SHORES, Justice.

In quashing the writ, we note the fact that although the conviction for theft of property in the second degree is a nullity (having been announced after the jury was dismissed and after the defendant had left the courtroom, Hayes v. State, 107 Ala. 1, 18 So. 172 (1894)), this in no way affects the sentence of the defendant under the Habitual Felony Offender Act for burglary in the third degree, the defendant having been convicted of two prior felonies.

WRIT QUASHED.

MADDOX, JONES, EMBRY, BEATTY and ADAMS, JJ., concur.

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457 So. 2d 356, 1984 Ala. LEXIS 4620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-state-ala-1984.

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