Hester v. State

ON RETURN TO REMAND

On original submission, we remanded this case to the trial court, instructing it to hold a new sentencing hearing to determine whether the state could "prove by a preponderance of the evidence that the sale occurred within a three-mile radius of a school or a public housing project." Hesterv. State, 597 So.2d 1307 (Ala.Cr.App. 1992) (emphasis supplied). After reviewing the record submitted on return to remand, it is apparent that the trial court only partially complied with our instructions. The trial court received evidence indicating that the sale of a controlled…