Stallings v. State

Broadus Stallings (“Appellant”) appeals his- sentence for fleeing or attempting to elude. Appellant, argues, and the State properly concedes, that the trial court violated the prohibition against double jeopardy by. resentencing Appellant after he served the entirety of his prison term. We vacate Appellant’s sentence as to fleeing or attempting to elude.

The State charged Appellant with sale of - cocaine (Count I) and fleeing or attempting to elude (Count II). On October 8, 2008, after a jury trial, the trial court sentenced Appellant to five years’ incarceration followed by ten years’…