Opinion
No. 1972098.
Decided November 5, 1999.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS, (Re: Mickey Darrell Harris v. State), (Baldwin Circuit Court, CC-97-876; Court of Criminal Appeals, CR-97-0971).
Willie J. Huntley, Jr., and Kelli D. Taylor-Etheredge of Huntley, Jordan Associates, P.C., Mobile, for petitioner.
Bill Pryor, atty. gen., and Stephen N. Dodd, asst. atty. gen., for respondent.
The Court of Criminal Appeals affirmed the defendant's conviction, without opinion, on June 19, 1998. Harris v. State, 738 So.2d 945 (Ala.Crim.App. 1998) (table). We granted certiorari review. The legal issue presented in this case is the same as that presented in Ex parte Parker, 740 So.2d 432 (Ala. 1999). The judgment of the Court of Criminal Appeals is reversed and the cause is remanded, based on our holding inParker, as clarified in Ex parte Formby, 750 So.2d 587 (Ala. 1999).
REVERSED AND REMANDED.
Hooper, C.J., and Houston, Cook, Lyons, and Johnstone, JJ., concur.
Brown, J., recuses herself.