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McDADE v. STATE

CR-01-0572.

864 So.2d 377 (2002)

Byron McDADE v. STATE.

Court of Criminal Appeals of Alabama.

April 26, 2002.

Attorney(s) appearing for the Case

L. Scott Johnson, Jr., Montgomery, for appellant.

William H. Pryor, Jr., atty. gen., and Elizabeth Ray Butler, asst. atty. gen., for appellee.

BASCHAB, Judge.

The appellant, Byron McDade, was convicted of two counts of second-degree assault, violations of § 13A-6-21(a)(2), Ala. Code 1975. Applying the firearm enhancement set forth in § 13A-5-6(a)(5), Ala.Code 1975, the trial court sentenced him to serve concurrent terms of ten years in prison. It then split the sentences and ordered him to serve three years in prison followed by the balance on probation. The appellant filed a motion for a new trial...

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