Fletcher v. State

In Fletcher v. State, 675 So. 2d 55 (Ala.Crim.App. 1995), which the Court of Criminal Appeals relied on in remanding Garner's cases for resentencing, the defendant was convicted under one indictment containing two counts, each count alleging a separate offense. The sentences imposed for the separate offenses were both increased by application of the enhancement statutes. The Court of Criminal Appeals held that the additional terms of imprisonment imposed as enhancement in the one case could not be served concurrently with the additional terms imposed as enhancement in the other case.