Graves v. State

Decision Date30 September 1993
Docket NumberCR-91-0967
Citation632 So.2d 37
PartiesKevin Wayne GRAVES v. STATE.
CourtAlabama Court of Criminal Appeals

Appeal from Escambia Circuit Court; Joseph Brogden, Judge.

Paul M. Harden, Evergreen, for appellant.

James H. Evans, Atty. Gen., Montgomery, and Joseph Marston III, Prattville, for appellee.

On Remand from the Alabama Supreme Court

PATTERSON, Judge.

In accordance with the decision of the Alabama Supreme Court in Graves v. State, 632 So.2d 33 (Ala.1993), Graves's conviction in case number CC-91-215 for manslaughter is reversed and that case is remanded for a new trial, and his conviction in case number CC-91-216 for unlawful possession of a pistol by a person previously convicted of a crime of violence and his sentence of 20 years' imprisonment as a habitual offender on that conviction is affirmed.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

All Judges concur.

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2 cases
  • Ex parte Peraita
    • United States
    • Alabama Supreme Court
    • June 4, 2004
    ... 897 So.2d 1227 Ex parte Cuhuatemoc Hinricky PERAITA ... (In re Cuhuatemoc Hinricky Peraita ... State of Alabama) ... 1021974 ... Supreme Court of Alabama ... June 4, 2004 ... Rehearing Denied August 27, 2004 ...          897 ... Therefore, we decline to apply Old Chief to this case ...         Peraita also directs our attention to Graves v. State, 632 So.2d 33 (Ala.1993), in which we reversed a manslaughter conviction after the State introduced prejudicial evidence of the ... ...
  • Anderson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 26, 2003
    ... ... Thereafter, the trial court granted the State's consolidation motion. On appeal, Anderson argues that the trial court erred in consolidating the charges against him for trial ...         This Court addressed a virtually identical fact situation in Graves v. State, 632 So.2d 30 (Ala.Crim.App.1992). In Graves, the defendant was convicted of manslaughter and possession of a pistol after having been convicted of a crime of violence. On appeal, Graves argued that the trial court committed reversible error in granting the State's motion to consolidate ... ...

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