State v. Ackerman

BOWEN, Presiding Judge.

This is a petition for a writ of mandamus. The petitioner, the district attorney of Jefferson County, is seeking an order from this Court directing District Judge Orson L. Johnson to resentence the defendant, Jan Ackerman, by enhancing the sentence he has previously imposed by application of Ala. Code 1975, §§ 13A-12-250 and -270 (providing an additional five years’ imprisonment if the sale of a controlled substance occurred within three miles of a school or a public housing project, respectively).

The significant facts are as follows:

November 9, 1993: The defendant was…