Carswell v. State

Miller, Judge.

Alfred Carswell, Jr. appeals from his conviction for aggravated assault. On appeal he raises seven enumerations of error, ranging from the State’s alleged improper use of prior convictions to ineffective assistance of counsel. Since the State may have improperly used two of Carswell’s prior convictions in aggravation of his sentence, we affirm the conviction but vacate Carswell’s sentence and remand the case to the trial court for resentencing.

Viewed in the light most favorable to the verdict, the evidence reveals that one day while Carswell was sitting on his porch and drinking…