SMITH v. STATE

CR 90-951.

589 So.2d 798 (1991)

Bernard SMITH v. STATE.

Court of Criminal Appeals of Alabama.

October 11, 1991.


Attorney(s) appearing for the Case

William E. Friel II, Birmingham, for appellant.

James H. Evans, Atty. Gen., and Stephen N. Dodd, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

Bernard Smith, the appellant, was convicted of the unlawful distribution of cocaine and was given a suspended sentence of two years' imprisonment. In addition, he was sentenced to five years' imprisonment pursuant to Ala.Code 1975, § 13A-12-250. On this appeal he raises three issues, all of which concern the application of § 13A-12-250.

I.

This Court has held that a defendant may be sentenced under the schoolyard sentence...

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