Opinion
CR 90-132.
July 26, 1991.
Appeal from Circuit Court, Jefferson County; James H. Hard, Judge.
Gibson Holladay, Leeds, for appellant.
Otis MacMahon, Asst. City Atty., City of Birmingham, for appellee.
ON RETURN TO REMAND
On return to remand the trial court has submitted the following order:
"Per order of the Court of Criminal Appeals the undersigned has endeavored to hold an evidentiary hearing to resolve the two issues posed by the Court of Criminal Appeals [in its opinion].
"Upon consultation with the respective attorneys it is clear that neither of the issues can be resolved with any degree of certainty, moreover, that the proper remedy is to order a new trial in the above referenced matter, thus, the conviction in the trial court is set aside and a new trial ordered."
There is nothing further for this court to consider, and we therefore dismiss this appeal.
OPINION EXTENDED; APPEAL DISMISSED.
All the Judges concur.