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PERRY v. STATE

3 Div. 403.

407 So.2d 183 (1981)

Howard Lee PERRY v. STATE.

Court of Criminal Appeals of Alabama.

November 24, 1981.

Attorney(s) appearing for the Case

Jeffery C. Duffey of Duffey & Wallace, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen. and Elizabeth Ann Evans, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant (appellant) guilty of burglary in the third degree. Code of Alabama 1975, § 13A-7-7 provides:

"(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

"(b) Burglary in the third degree is a Class C felony."

§ 13A-5-6(a)(3) prescribes the punishment for a Class C felony...

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