Alabama Court of Criminal Appeals, 1997

Bates v. State

Bates v. State
Alabama Court of Criminal Appeals · Decided December 19, 1997 · Cobb
709 So. 2d 1117; 1997 Ala. Crim. App. LEXIS 372; 1997 WL 779099 (Southern Reporter, Second Series)

Bates v. State

Opinion of the Court

On Remand from the Alabama Supreme Court

COBB, Judge.

On the authority of Ex parte Bates, 709 So.2d 1115 (Ala. 1997), the judgment is reversed and this case is remanded to the circuit court for compliance with the instructions of the Alabama Supreme Court to re-sentence Bates without applying the enhancement provision of § 13A-5-6(a)(4), Ala. Code 1975.

REVERSED AND REMANDED WITH INSTRUCTIONS.

All the Judges concur.

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