Pennington v. State

Harley Pennington (defendant) appeals his sentence, imposed by the trial court on his conviction for leaving the scene of an accident with death. Determining that the trial court erred in increasing the defendant’s sentence after it had been earlier affirmed on direct appeal, we reverse.

This appeal is the second direct appeal filed by the defendant in connection with *648his prosecution for driving under the influence (DUI) manslaughter.

The defendant’s initial charges included committing the offenses of DUI manslaughter with the failure to render aid and leaving the scene of an accident with…