Butler v. State

The appellant, Bobby Bernard Butler, was convicted of assault in the first degree, a violation of § 13A-6-20, Code of Alabama 1975, and was sentenced to 10 years' imprisonment. The court split the appellant's sentence, requiring that he serve 2 years in prison and 5 years on supervised probation.

In the early morning hours of July 1, 1992, Merry Johnson was shot in the abdomen while walking down a street in Florence, Alabama. He was unable to describe or identify the person who shot him.

Shortly thereafter, Spencer Butler, a police officer with the Florence Police Department who was off-duty at…