LEIGH M. CLARK, Retired Circuit Judge.
This is an appeal from a judgment of conviction of theft of property in the second degree, as defined by §§ 13A-8-2 and 13A-8-4 of the Alabama Criminal Code, and a sentence to imprisonment for five years. By § 13A-8-4(b) theft of property in the second degree is a Class C felony; by § 13A-5-6(a)(3) the punishment prescribed for a Class C felony is "not more than 10 years or less than 1 year and 1 day."
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