Killingsworth v. State

WISE, Presiding Judge.

The appellant, Terry Lynn Killings-worth, was convicted of first-degree assault, a violation of § 13A-6-20(a)(5), Ala. Code 1975. The trial court sentenced him, as a habitual offender, to serve a term of thirty-five years in prison. See § 13A-5-9(c)(2), Ala.Code 1975. Killingsworth filed a motion for a new trial, which the trial court denied after conducting a hearing. This appeal followed.

The State presented evidence that, on the morning of January 22, 2008, Killings-worth was driving a vehicle, ran a stop sign at the intersection of Newton Street and Park Avenue, and…