Alston v. State

Appellant, Timothy Alston (“Alston”), appeals his sentence as a habitual offender. We reverse.

After a jury found Alston guilty of arson, the State filed its notice to seek an enhanced habitual offender sentence. At the sentencing hearing, Alston objected to an enhanced sentence, arguing that he did not meet the statutory criteria. At this hearing, the trial court allowed the State a continuance to further research the issue.

When the hearing resumed, the State argued for enhancement because Alston was convicted of a cocaine charge in 1992, less than five years before this conviction.…