Tyler v. State

Billy Sunday Tyler was convicted of soliciting the commission of a controlled substance offense in violation of Ala. Code 1975, § 13A-12-202, and was sentenced as an habitual offender to imprisonment for life. That conviction must be reversed because, as a matter of law, the appellant's conduct in seeking to purchase drugs did not constitute the charged offense.

On October 24, 1988, an undercover police officer, Alphonso Reid, was stationed on the northwest corner of 4th Avenue North and 2nd Street in Birmingham as part of a narcotics undercover operation. Officer Reid stated that his duties…