Dunkley v. State
Dunkley v. State
Opinion of the Court
We affirm appellant’s convictions, finding no error, but reverse one of his sentences. The trial court initially imposed a life sentence on the count for burglary with a firearm and a ten year sentence on the count for aggravated assault with a firearm. Appellant subsequently filed a motion to reduce the life sentence on the burglary with a firearm, which the court granted, reducing the life sentence to a thirty-five year sentence, but the court increased the ten year sentence on aggravated assault with a firearm to thirty-five years.
The increase in the sentence on aggravated assault violates the prohibition against double jeopardy. Troupe v. Rowe,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.