AVERHART v. STATE

CR-92-1339.

636 So.2d 1280 (1994)

Derrick Dewayne AVERHART v. STATE.

Court of Criminal Appeals of Alabama.

January 21, 1994.


Attorney(s) appearing for the Case

Matthew S. Ellenberger and David L. Rawls, Birmingham, for appellant.

James H. Evans, Atty. Gen., and Lisa Gunter, Asst. Atty. Gen., for appellee.


PATTERSON, Judge.

The appellant, Derrick Dewayne Averhart, appeals his conviction for possessing a pistol after having been convicted of a crime of violence, pursuant to § 13A-11-72(a), Code of Alabama 1975. He was sentenced to a term of five years' imprisonment. He raises four issues on appeal.

Two of these issues arise from the prosecution's use of Averhart's prior conviction for first degree theft as the "violent crime" necessary to prove that he violated...

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