Ex Parte Johnson

The issue in this case is whether the State sufficiently proved that the sale of a controlled substance occurred within one mile of a school, thereby authorizing the imposition of an enhanced sentence under the provisions of Ala. Code 1975, §20-2-79,1 when proof, in part, was made by using a copy of the City of Birmingham.

On September 22, 1987, at approximately 12:15 p.m., at 1872 Woodland Avenue SW, in Birmingham, the petitioner, Virginia Johnson, arranged for another person to sell Officer Roger Thorne some marijuana. The sale took place in Johnson's house and in her presence. Subsequently,…