Opinion
88-106.
September 8, 1989.
Petition for Writ of Certiorari to the Court of Criminal Appeals.
W. Donald Bolton, Jr. and Thack H. Dyson of Foster, Wills, Bolton Dyson, Foley, for petitioner.
Don Siegelman, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for respondent.
The petitioner, Marshall Henry Collier, was convicted of trafficking in marijuana in August 1984 and was sentenced to life imprisonment. The Court of Criminal Appeals affirmed the conviction, and this Court denied the petition for writ of certiorari. In May 1986, Collier filed an error coram nobis petition in Baldwin Circuit Court, which the trial court denied. In 1988, the Court of Criminal Appeals affirmed, without opinion. 537 So.2d 70. This Court granted the petition for writ of certiorari.
We have reviewed the record and considered the arguments in brief and conclude that the issues of this case are identical to those adjudicated in Smitherman v. State, 521 So.2d 1050 (Ala.Crim.App. 1987), cert. denied, Ex parte Smitherman, 521 So.2d 1062 (Ala. 1988). Based on Smitherman, the judgment is due to be, and it is hereby, affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX, JONES and HOUSTON, JJ., concur.