Opinion
No. CR-99-1805.
Decided February 1, 2002.
Appeal from Mobile Circuit Court (CC-99-3810).
W. Lloyd Copeland, Mobile, for appellant.
Bill Pryor, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.
On Remand from the Alabama Supreme Court
On the authority of Ex parte Swearingen, 837 So.2d 246 (Ala. 2001), this cause is remanded to the trial court for it to conduct another sentencing hearing and to resentence Swearingen in accordance with the Supreme Court's opinion. Due return should be filed with this Court no later that 56 days from the date of this opinion.
REMANDED WITH INSTRUCTIONS.
McMillan, P.J., and Cobb, Baschab, and Wise, JJ., concur.