Jenkins v. State

Court of Criminal Appeals of Alabama

Decided December 3, 1993

Court of Criminal Appeals of Alabama · decided 1993-12-03

Cited by 1 later decisions — most recently May 1994

1 state decisions

Relies on 640 So. 2d 1053 - Jenkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-03

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¶1ON RETURN TO REMAND

TAYLOR, Judge.

¶2The appellant, Gary Paul Jenkins, was convicted of assault in the second degree. We remanded this cause so that the appellant could be resentenced without the application of the firearm enhancement provision of § 13A-5-6(a)(5), Code of Alabama 1975. Jenkins v. State, 640 So.2d 1053 (Ala.Cr.App. 1993).

¶3The trial court has complied with our directions and has held a new sentencing hearing. The appellant has now been sentenced to a term of 10 years’ imprisonment. This sentence is within the limits for a Class C felony set in § 13A-5-6. The appellant’s conviction and sentence are affirmed.

¶4AFFIRMED.

All the Judges concur.