Opinion
No. 1970281.
Decided February 26, 1999.
Appeal from (Baldwin Circuit Court, CC-95-1968; Court of Criminal Appeals, CR-95-1569).
Bill Pryor, atty. gen., and P. David Bjurberg, asst. atty. gen., for petitioner.
Narissa G. Nelson, Foley, for respondent.
The judgment of the Court of Criminal Appeals (see Johnston v. State, [Ms. CR-95-1569, November 1, 1996] (Ala.Crim.App 1996)) is reversed, on the authority of Parker v. State, [Ms. 1970001, February 26, 1999] 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.