Gardner v. State

The appellant, Edward Timon Gardner, was convicted of two counts of unlawful distribution of marijuana, a violation of § 13A-12-211, Ala. Code 1975. He was sentenced as a habitual offender to 25 years in prison on each count, the sentences to run concurrently. He was also sentenced to 10 additional years on each count pursuant to the enhancement provisions of §§ 13A-12-250 and 13A-12-270, Ala. Code 1975, which provide an additional five years' enhancement if the sale occurs within a three-mile radius of a schoolyard or a housing project, respectively.

The state presented evidence that the…