Austin v. State

Dexter Austin was indicted for assault in the second degree in violation of § 13A-6-21(a)(2), Code of Alabama 1975, as amended. The jury found the appellant "guilty as charged in the indictment." The trial judge sentenced the appellant to one year and one day in the state penitentiary, suspended, and fined him $750.00. The judge also ordered him to pay $25.00 to the Alabama Crime Victims Compensation Fund and ordered him to pay restitution to the victim in the amount of $2,578.00.

On July 24, 1988, Brenda Perryman called the appellant on the telephone. She told the appellant that she needed to…