McMILLIAN v. STATE

CR-08-1418.

58 So.3d 849 (2010)

Oscar Levell McMILLIAN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Order on Return to Remand May 28, 2010.

Rehearing Denied July 16, 2010.

Certiorari Denied September 10, 2010 Alabama Supreme Court 1091481.


Attorney(s) appearing for the Case

Donald M. Briskman and Josh Briskman , Mobile (withdrew 5/18/2010); Robert Briggs Watson McLaughlin , Mobile (withdrew 5/26/2010); and Glenn L. Davidson , Mobile, for appellant.

Troy King , atty. gen., and Jean A. Therkelsen , asst. atty. gen., for appellee.


WELCH, Judge.

Oscar Levell McMillian was convicted of first-degree domestic violence, a violation of § 13A-6-130, Ala.Code 1975. The trial court sentenced McMillian, as a habitual felony offender, to life in prison. No post trial motions were filed. This appeal followed.

On September 21, 2007, Lakeysha Addison got off work from her job at a steam plant and went home to get McMillian, her boyfriend, to go shopping. McMillian had been telephoning Addison...

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