Brinkley v. State

Bernes, Judge.

The jury convicted Mark Antonio Brinkley of several felony offenses arising out of a knife attack, and the trial court sentenced him to 25 years, to serve 18 years in confinement. On appeal from the denial of his motion for new trial, Brinkley contends that the trial court erred by considering improper evidence of an alleged prior conviction in aggravation of punishment. Because the evidence in question was inadmissible under the best evidence rule, Brinkley’s sentence must be vacated and the case remanded to the trial court for resentencing.

Following a criminal conviction, we…