WARREN v. STATE

1051434.

35 So.3d 639 (2008)

Ex parte State of Alabama. (In re Thomas Walter WARREN, Jr. v. STATE of Alabama).

Supreme Court of Alabama.

March 28, 2008.


Attorney(s) appearing for the Case

Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Audrey Jordan, asst. atty. gen., for petitioner.

Erskine R. Mathis, Birmingham, for respondent.


PARKER, Justice.

Thomas Walter Warren, Jr., was convicted, following a jury trial, of first-degree robbery and first-degree burglary. He appealed, and the Court of Criminal Appeals reversed his convictions and remanded the case for a new trial on the basis that the trial court erred in refusing to instruct the jury on the lesser-included offense of third-degree robbery. Warren v. State, [Ms. CR-04-2100, April 28, 2006] 35 So.3d 633 (Ala.Crim.App.2006). We granted...

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