Alabama Supreme Court 85-286.
TYSON, Judge.
Robby Swinney was indicted for theft in the first degree in violation of § 13A-8-3(a), Code of Alabama 1975 as amended. The jury found the appellant "guilty as charged in the indictment" and the trial judge sentenced him to ten years' imprisonment in the penitentiary. The appellant's application for probation had not been ruled upon by the trial court at the time this appeal was filed with this court.
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