Opinion
CR-14-0753
02-11-2022
Sherman COLLINS v. STATE of Alabama
Andrew Reed Childers, Montgomery (withdrew 08/30/2017); Randall S. Susskind and James Hubbard, Montgomery, for appellant. Luther Strange and Steve Marshall, attys. gen., and Lauren A. Simpson, asst. att'y gen., for appellee.
Andrew Reed Childers, Montgomery (withdrew 08/30/2017); Randall S. Susskind and James Hubbard, Montgomery, for appellant.
Luther Strange and Steve Marshall, attys. gen., and Lauren A. Simpson, asst. att'y gen., for appellee.
On Remand from the Alabama Supreme Court
PER CURIAM.
Sherman Collins was convicted of capital murder for killing Detrick Bell for pecuniary gain, a violation of § 13A-5-40(a)(7), Ala. Code 1975, and for criminal conspiracy, a violation of § 13A-4-3, Ala. Code 1975. The circuit court sentenced Collins to death for his capital-murder conviction and to 120 months' imprisonment for his criminal-conspiracy conviction. On direct appeal, this Court affirmed Collins's convictions and sentences. See Collins v. State, 363 So.3d 1 (Ala. Crim. App. 2017) (opinion on original submission); 363 So. 3d at 56 (opinion on return to remand); 363 So. 3d at 60 (opinion on return to second remand); and 363 So. 3d at 64 (opinion on application for rehearing).
On June 24, 2021, the Alabama Supreme Court granted Collins's petition for a writ of certiorari "to consider whether [this Court's] decision is in conflict with Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932)." Ex parte Collins, 363 So.3d 73 (Ala. 2021). In answering that question, the Alabama Supreme Court held that this Court "erred in concluding that Collins's convictions and sentences for murder for hire and criminal conspiracy do not violate the Double Jeopardy Clause." Id. at 79. Consequently, the Alabama Supreme Court affirmed this Court's decision "insofar as it affirms Collins's capital-murder conviction and his resulting sentence to death and reverse[d] [this Court's] decision insofar as it affirms Collins's criminal-conspiracy conviction and his resulting sentence to 120 months’ imprisonment." Id. at 79. The Alabama Supreme Court also instructed this Court to "to remand this cause to the circuit court for it to set aside Collins's conviction for criminal conspiracy and his resulting sentence therefrom." Id. at 79.
Because the Alabama Supreme Court affirmed this Court's judgment as to Collins's capital-murder conviction and death sentence, Collins's capital-murder conviction and death sentence are not before this Court on remand from the Alabama Supreme Court.
In accordance with the Alabama Supreme Court's instructions, we remand this case to the circuit court for that court to set aside Collins's conviction for criminal conspiracy and his resulting sentence of 120 months' imprisonment. No return to this Court is necessary. The certificate of judgment shall issue forthwith.
REMANDED WITH INSTRUCTIONS.
Windom, P.J., and Kellum, McCool, Cole, and Minor, JJ., concur.