Jeffery Ray Duncan v. State of Alabama
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REL: November 16, 2018 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2018-2019 _________________________ CR-16-0890 _________________________ Jeffery Ray Duncan v. State of Alabama Appeal from Clay Circuit Court (CC-16-148 and CC-16-149) After Remand from the Alabama Supreme Court KELLUM, Judge. On December 15, 2017, this Court reversed and remanded the judgment of the circuit court on the basis that the court imposed a jail sentence that departed from the requirements of the presumptive sentencing standards. See Duncan v. State, CR-16-0890 [Ms. CR-16-0890, Dec. 15, 2017] ___ So. 3d ___ (Ala. Crim. App. 2017). The State petitioned the Alabama Supreme Court for certiorari review, which that Court granted. On August 31, 2018, the Supreme Court reversed this Court's judgment and held that the circuit court did not exceed its discretion in sentencing Jeffery Ray Duncan to jail. See Duncan v. State, [Ms. 1170446, August 31, 2018] ___ So. 3d ___ (Ala. 2018). In light of the Supreme Court's holding, we affirm the judgment of the circuit court imposing a jail sentence. AFFIRMED. Windom, P.J., and Welch and Joiner, JJ., concur. 2
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