630 So. 2d 59 | Ala. | 1993
The Court of Criminal Appeals affirmed Jeffrey Lee McKelvey's convictions for third degree burglary and first degree theft, by an unpublished memorandum. McKelvey v. State,
On remand, the Court of Criminal Appeals found "that the appellant's convictions for burglary and theft arose from the same 'act or omission' within the meaning of Code of Alabama
1975, §
Having determined that the Court of Criminal Appeals erred in holding that McKelvey's argument that he was improperly sentenced had not been preserved for review, we now reverse the judgment of affirmance and remand the cause to the Court of Criminal Appeals for further consideration in light of this determination. In doing so, we do not address McKelvey's argument that he was improperly sentenced or his argument that his confession was inadmissible.
REVERSED AND REMANDED.
HORNSBY, C.J., and SHORES, HOUSTON and STEAGALL, JJ., concur.