Atkins v. State

PRATHER, Justice,

for the Court:

Ernest Lee Akins, Jr. was convicted of aggravated assault on a police officer and was sentenced as an habitual offender to life in prison without probation or parole. We affirm appellant’s conviction but remand for new sentencing.

I

During the morning of October 31, 1982, Highway Patrolman Russell Kyle stopped a late model Cadillac for speeding. The driver, Ernest Lee Akins, Jr., accompanied by two women and a Doberman Pincher, was carrying no driver’s license. In addition, the car had no inspection sticker.

After noticing the license plate on the Cadillac was…