Legal Opinion

Hardy v. State

Court of Criminal Appeals of Alabama

Decided March 1, 1991No. CR 89-452PublishedCited by 17 opinions

1Opinion of the Court

ON RETURN TO REMAND

This cause was remanded with instructions that the trial court determine the applicability of the enhancement provision of the one-mile "school yard" statute previously found in Ala. Code 1975, § 20-2-79, and transferred to § 13A-12-250.Hardy v. State, 570 So.2d 871 (Ala.Cr.App. 1990). On remand, after an evidentiary hearing, the trial court determined that the offense did occur within one mile of a school. The trial court then, as it had originally, sentenced Hardy to five years' imprisonment under § 20-2-79 and to an additional two years to be served on probation.

Since it…

2Cases cited24 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Spencer v. TexasSupreme Court of the United States · 1966

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. MacEwan v. StateCourt of Criminal Appeals of Alabama · 1997
  2. Burks v. StateCourt of Criminal Appeals of Alabama · 1992
  3. Pettway v. StateCourt of Criminal Appeals of Alabama · 1993
  4. Green v. StateCourt of Criminal Appeals of Alabama · 1991
  5. Skinner v. StateCourt of Criminal Appeals of Alabama · 2002

12 more not listed; retrieve them via the Exa API.

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