Gaston v. State

Marvin Nikia Gaston was convicted of felony murder, see § 13A-6-2(a)(3), Ala. Code 1975, and first-degree assault, see § 13A-6-20, Ala.Cóáé 1975. Gaston was sentenced to 30 years’ imprisonment on each conviction, the sentences to run concurrently, and he was ordered to pay $8,140 :in restitution and $50 to the (jrime Victims Compensation Fund. On appeal, the Court of Criminal Appeals affirmed Gaston’s convictions and sentences in an unpublished memorandum, reasoning, among other things, that Gaston failed to preserve for appellate review his objection that his accomplice’s testimony was not…