TOOMBS v. STATE

CR-98-0532.

739 So.2d 550 (1999)

Chester TOOMBS v. STATE.

Court of Criminal Appeals of Alabama.

May 28, 1999.


Attorney(s) appearing for the Case

Patrick Miller, Phenix City, for appellant.

Bill Pryor, atty. gen., and G. Ward Beeson III, asst. atty. gen., for appellee.


COBB, Judge.

Chester Toombs was convicted of burglary in the third degree, a violation of § 13A-8-43, Ala.Code 1975. He was sentenced pursuant to the Habitual Felony Offender Act, § 13A-5-9(a)(1), Ala.Code 1975, to 15 years in prison. That sentence was split, and he was ordered to serve 3 years in prison and 12 years on probation. On appeal, Toombs contends that the trial judge committed reversible error when he had an ex parte communication with the jury...

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