Opinion
No. 1001571.
Decided December 21, 2001.
Appeal from Etowah Circuit Court, CC-99-1408.01 and CC-99-1408.02; Court of Criminal Appeals, CR-99-2197.
Charles Centerfit Hart, Gadsden, for petitioner.
Bill Pryor, atty. gen., and Stephanie N. Morman, ssst. atty. gen., for respondent.
On April 20, 2001, the Court of Criminal Appeals affirmed, by unpublished memorandum, Arria R. Dozier's convictions and sentences for discharging a firearm into an occupied vehicle and for assault in the second degree. Dozier v. State, (No. CR-99-2197) 836 So.2d 999 (Ala.Crim.App. 2001) (table). In its unpublished memorandum the Court of Criminal Appeals declined to address the double-jeopardy issue raised by Dozier, because, it said, his motion asserting his double-jeopardy argument was untimely. We remand this case for the Court of Criminal Appeals to address Dozier's claims that his convictions and sentences for discharging a firearm into an occupied vehicle and for second-degree assault violated constitutional prohibitions against double jeopardy. We reserve judgment on the merits of the petitioner's arguments until the Court of Criminal Appeals responds to our remand.
REMANDED.
Moore, C.J., and See, Lyons, Brown, Johnstone, Harwood, Woodall, and Stuart, JJ., concur.