Baker v. State

Appellant Donald E. Baker, convicted of murder and sentenced to 20 years' imprisonment, brings this appeal, alleging eight errors.

I

Appellant first contends that the court erred in resentencing him on July 27, 1983, to 20 years' imprisonment after having sentenced him to a term of 17 years' imprisonment on June 9, 1983. Appellant relies on Brown v. State, 376 So.2d 1382 (Ala.Crim.App. 1979), in which this court stated:

"It is more consonant, we think with the spirit of the concept of due process of law and the prohibition of double jeopardy, to say that when a valid sentence has been imposed,…