Enfinger v. State

I agree with the majority that the circuit court did not have the authority under §§ 15-18-8(a) and 15-18-8(b), Ala.Code 1975, to split Enfinger’s 20-year sentence upon his conviction for sexual abuse of a child less than 12, see § 13A-6-69.1, Ala. Code 1975. I, however, disagree with the majority’s decision to reverse the circuit court’s judgment revoking Enfinger’s probation and to remand this cause with instructions for the circuit court to resen-tence Enfinger. Specifically, I believe that when the circuit court revoked Enfinger’s probation and imposed Enfinger’s original sentence, it…