Opinion
No. 1020214.
Decided June 27, 2003.
Petition for Writ of Certiorari to the Court of Criminal Appeals (Jefferson Circuit Court, CC-98-4663 and CC-98-4664, Tommy Nail, Judge; Court of Criminal Appeals, CR-00-0995).
William H. Pryor, Jr., atty. gen., and Robin Blevins Scales, asst. atty. gen., for petitioner.
Submitted on petitioner's brief only.
The convictions and sentences in this case are due to be reversed and the case remanded on the authority of Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So.2d ___ (Ala. 2003).
Trumaine Arrington and Antywan Develle Wilson were co-defendants. Arrington's and Wilson's cases were consolidated for trial, and Arrington and Wilson were both convicted of attempted murder and first-degree robbery. They appealed to the Court of Criminal Appeals, and that court ultimately reversed both Arrington's and Wilson's convictions. Arrington v. State, [Ms. CR-00-0995, August 30, 2002] 869 So.2d 529 (Ala.Crim.App. 2002); Wilson v. State, [Ms. CR-00-1003, April 26, 2002] ___ So.2d ___ (Ala.Crim.App. 2002). The facts of Arrington's case and the legal issues presented on his appeal to this Court are identical to those presented inWilson. Accordingly, on the authority of this Court's opinion in Wilson, we reverse the judgment of the Court of Criminal Appeals and remand this case for that court to affirm Arrington's convictions and sentences.
REVERSED AND REMANDED.
MOORE, C.J., and HOUSTON, SEE, BROWN, and STUART, JJ., concur.
LYONS, J., concurs in the judgment only and dissents from the directions on remand.
JOHNSTONE and WOODALL, JJ., dissent.
For the reasons expressed in my special writing in Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So.2d ___ (Ala. 2003), I concur in the judgment only and dissent from the directions on remand.
I respectfully dissent for the reasons expressed in my dissent in Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So.2d ___ (Ala. 2003).