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EX PARTE STATE EX REL. BARBER

CR 93-1679.

669 So.2d 202 (1994)

Ex parte STATE of Alabama ex rel. David BARBER, District Attorney. (In re STATE of Alabama v. Jan ACKERMAN).

Court of Criminal Appeals of Alabama.

August 4, 1994.

Attorney(s) appearing for the Case

David Barber, District Atty., and K. Paige Huddleston, Deputy District Atty., Birmingham, and Joseph G.L. Marston III, Asst. Atty. Gen., for petitioner.

Cecil T. Nail, Birmingham, for Jan Ackerman.

David Cromwell Johnson and Annesley H. DeGaris, Birmingham, for Judge Johnson.

BOWEN, Presiding Judge.

This is a petition for a writ of mandamus. The petitioner, the district attorney of Jefferson County, is seeking an order from this Court directing District Judge Orson L. Johnson to resentence the defendant, Jan Ackerman, by enhancing the sentence he has previously imposed by application of Ala. Code 1975, §§ 13A-12-250 and -270 (providing an additional five years' imprisonment if the sale of a controlled substance occurred within...

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