Hinton v. State

PATTERSON, Judge.

The appellant, Jack Hinton, was convicted of the unlawful distribution of a controlled substance and was sentenced to 12 years’ imprisonment, 5 years of which were enhancement pursuant to § 13A-12-250, Ala. Code 1975, because the sale occurred within three miles of a school and 5 years of which were enhancement pursuant to § 13A-12-270, because the sale occurred within three miles of a public housing project.

I

Hinton contends that the prosecution sought enhancement of his sentence under §§ 13A-12-250 and -270 because he had exercised his right to a jury trial. He explains that…