Lyner v. State
Lyner v. State
Opinion
The appellant was indicted and convicted for the offense of first degree rape under Ala. Code §
The state's evidence was sufficient to prove beyond any reasonable doubt that appellant was guilty as charged under Section
The only questions raised on this appeal concern the Alabama Habitual Offender Statute. The Alabama Habitual Felony Offender Statute has been clearly determined to be constitutional.Williams v. State,
It was conclusively shown at appellant's sentencing hearing that appellant had pled *Page 421
guilty in the Talladega County Circuit Court to four separate felonies on January 22, 1979, and was sentenced to a term of imprisonment in each case. Two of these guilty pleas were based upon indictments for rape and two were for kidnapping. These prior convictions were proved by the introduction of a certified copy of the minute entry in each case. Highsmith v. State,
In addition, appellant testified at his sentencing hearing that he had been convicted of carnal knowledge of a girl under twelve years of age on September 20, 1968 in the Coosa County Circuit Court. Before so testifying, appellant had objected to the introduction of a certified copy of the minute entry in that case as being "ex post facto." There is no merit to this contention of the appellant. Smith, supra.
In summary, we find that the trial court complied fully with the requirements of Rule 6 of the Alabama Rules of Criminal Procedure Temporary Rules in sentencing appellant to life imprisonment without parole. The consideration of appellant's testimony was proper. We have searched the record and found no error. The appellant's conviction is, therefore, due to be affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Harold Leroy Lyner v. State.
- Cited By
- 7 cases
- Status
- Published