Opinion
5 Div. 610.
January 22, 1985.
Appeal from Lee Circuit Court.
Dennis N. Balske, Montgomery, for petitioner.
Charles A. Graddick, Atty. Gen., and Ed. Carnes and Rivard Melson, Asst. Attys. Gen., for respondent.
ON REMAND FROM THE SUPREME COURT OF ALABAMA
Remanded for a new sentencing hearing on authority of Ex parte Rutledge, 482 So.2d 1262 (Ala. 1984).
It is directed that upon completion of said new sentencing hearing due return thereof be made to this court.
REMANDED WITH DIRECTIONS.
All Judges concur.