Supreme Court of Alabama, 1999

Johnston v. State

Johnston v. State
Supreme Court of Alabama · Decided February 26, 1999 · Brown, Cook, Herself, Hooper, Houston, Kennedy, Lyons, Maddox, See
740 So. 2d 438; 1999 Ala. LEXIS 65; 1999 WL 97995 (Southern Reporter, Second Series)

Johnston v. State

Opinion of the Court

COOK, Justice.

The judgment of the Court of Criminal Appeals (see Johnston v. State, 740 So.2d 436 (Ala.Crim.App. 1996)) is reversed, on the authority of Ex parte Parker, 740 So.2d 432 (Ala. 1999). This cause is remanded to the Court of Criminal Appeals to reinstate the trial court’s judgment and sentence.

REVERSED AND REMANDED WITH DIRECTIONS.

HOOPER, C.J., and MADDOX, HOUSTON, KENNEDY, SEE, and LYONS, JJ., concur. BROWN, J., recuses herself.

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