Opinion
No. CR-99-2050.
Decided March 2, 2001.
Appeal from Morgan Circuit Court (CC-99-644).
George W. Miller, Hartselle, for appellant.
Bill Pryor, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.
AFFIRMED BY UNPUBLISHED MEMORANDUM.
McMillan, P.J., and Baschab and Wise, JJ., concur. Shaw, J., concurs specially, with opinion.
I write specially to reiterate this Court's holding in its unpublished memorandum that the State presented "[a] prima facie case . . . because Osborn remained unlawfully in C.B.'s dwelling with the intent to commit a crime therein, and during the course of this felony, Osborn was armed with a deadly weapon." (Emphasis added.) The evidence was clearly sufficient to support a finding that Osborn was guilty of first-degree burglary, as that offense is defined in § 13A-7-5, Ala. Code 1975.