In considering a question of whether the evidence was sufficient to support a prima facie case, this court must consider the evidence in the light most favorable to the prosecution and accord the state all legitimate inferences therefrom. Summerville v. State, 429 So.2d 651 (Ala.Cr.App. 1982). See also Higdon v. State, 527 So.2d 1352 (Ala.Cr.App. 1988); King v. State, 505 So.2d 403 (Ala.Cr.App. 1987).
Ronald Lacy was indicted for the first degree robbery of one Patricia Avera, in violation of ยง 13A-8-41, Code of Alabama 1975. The jury found the appellant "guilty as charged" and, following a sentencing hearing, the trial judge fixed punishment at ninety-nine (99) years in the penitentiary pursuant to the Habitual Felony Offender Act. Appellant does not challenge the weight and sufficiency of the evidence on this appeal. Our review of the record in this cause uncovers no problem with the weight and sufficiency of the evidence from which the appellant was adjudged guilty. Summerville v. State, 429 So.2d 651 (Ala.Crim.App. 1983); Browning v. State, 429 So.2d 653 (Ala.Crim.App. 1983); Agee v. State, 429 So.2d 654 (Ala.Crim.App. 1982). Since there is no challenge on appeal to the weight and sufficiency of the evidence, only a short statement of the facts is necessary.
We have carefully reviewed the record in this cause and find that the evidence elicited at trial was sufficient to sustain the jury's verdict. Mallory v. State, 437 So.2d 595 (Ala.Crim.App. 1983); Hubbard v. State, 437 So.2d 657 (Ala.Crim.App. 1983); Jones v. State, 431 So.2d 1367 (Ala.Crim.App. 1983); Summerville v. State, 429 So.2d 651 (Ala.Crim.App. 1982); Browningv. State, 429 So.2d 653 (Ala.Crim.App. 1982); Thatch v. State, 397 So.2d 246 (Ala.Crim.App.), cert. denied, 397 So.2d 253 (Ala. 1981). II
"When there is an objection to the trial court's refusal or omission to charge on any particular subject, including a lesser included offense applicable under the evidence, the proper procedure is by way of a requested written charge." Hollis v. State, 399 So.2d 935 (Ala.Crim.App. 1981); Summerville v. State, 429 So.2d 651 (Ala.Crim.App. 1983). In the case at bar there was a charge conference in which the trial judge relieved the appellant's counsel of this duty.