Miller v. State

The appellant, Michael Miller, was convicted of unlawful distribution of a controlled substance, § 13A-12-211, Code of Alabama 1975. He was sentenced to two years' imprisonment, and that sentence was suspended. His sentence was enhanced by an additional five years' imprisonment pursuant to § 13A-12-250, Alabama's "schoolyard statute."

Miller did not preserve the issue he raises as to whether the trial court erred in refusing to give his written requested jury instruction on the allegedly permissible inference that could be drawn from the prosecution's alleged failure to call a specific person…