Opinion
3 Div. 726.
June 26, 1984.
William W. Gobrecht of Skinner Gobrecht, Montgomery, for appellant.
Charles A. Graddick, Atty. Gen. and Louis C. Colley, Asst. Atty. Gen., for appellee.
On March 20, 1984, this court unanimously, with opinion, affirmed this cause, Moore v. State, 447 So.2d 1321 (Ala.Crim.App. 1984), but remanded this cause for proper sentence under this court's opinion in Smith v. State, 447 So.2d 1327 (Ala.Crim.App. 1983).
A proper return having been filed in this court showing sentence in this cause to be set at 10 years' imprisonment in the penitentiary, this cause is due to be and the same is hereby affirmed.
AFFIRMED.
All the Judges concur.