Gandy v. State

MONTIEL, Judge.

William Henry Gandy was found guilty by a jury of two counts of unlawfully selling a controlled substance, cocaine, in violation of § 13A-12-211, Code of Alabama 1975. A sentencing hearing was begun on December 2, 1991, at which time the State notified the appellant of its intention to enhance his sentence under § 13A-12-250, Code of Alabama (1975), because, it alleged, the appellant had sold the controlled substance within a three-mile radius of a school. After the appellant objected to the State’s failure to give him prior notification of its intent to invoke § 13A-12-250,…