LEMLEY v. STATE

6 Div. 25.

599 So.2d 64 (1992)

Mark Norman Pete LEMLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 28, 1992.

Certiorari Denied June 12, 1992.


Attorney(s) appearing for the Case

Michael G. Trucks, Fairfield, and J.T. Simonetti, Jr., Birmingham, for appellant.

James H. Evans, Atty. Gen., and Stephen N. Dodd and Sandra J. Stewart, Asst. Attys. Gen., for appellee.


Alabama Supreme Court 1910989.

BOWEN, Judge.

Mark Norman Pete Lemley, the appellant, was indicted for first degree assault. After a jury trial, he was convicted of the lesser offense of assault in the third degree. He was sentenced to imprisonment for one year, was fined $499, and was ordered to make restitution to the victim in the amount of $4,091.35.

It is undisputed that the appellant, a 69-year-old white male, shot Percy Smith, a 14-year-old black...

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