Horton v. State

Ruffin, Judge.

DeWayne Horton was convicted of armed robbery and possession of a firearm during the commission of a felony. In Horton v. State,* 1 we affirmed his convictions, but vacated his sentence and “remand[ed] the case with direction that the trial court consider first offender treatment.” 2 On remand, the trial court sentenced Horton to serve ten years for armed robbery. 3 Horton then instituted this appeal. For reasons that follow, we affirm.

1. In his first enumeration of error, Horton argues that the trial court erred in denying his motion to suppress. Horton made this same argument…