Avery v. State

* Reporter of Decisions' note: The certiorari petition in the Supreme Court was filed under the name "William Earl Avery/Averitte."

The appellant, William Earl Avery, was convicted of selling cocaine, a violation of § 13A-12-211, Code of Alabama 1975. He was sentenced as a habitual offender to 15 years in prison. This sentence was further enhanced by § 13A-12-250, Code of Alabama 1975, because the sale of the controlled substance occurred near a school.

The appellant does not raise the issue of the sufficiency of the evidence on appeal; thus, we will recite the facts briefly. The state's…