Opinion
3 Div. 248.
August 12, 1986.
Appeal from Montgomery County; William R. Gordon, Judge.
Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for appellant.
Richard M. Jordan and Randy Myers, Montgomery, for appellee.
AFTER REMANDMENT
The judgment of the circuit court is reversed and the cause remanded on authority of Newberry v. State, 493 So.2d 995 (Ala. 1986), as directed in State v. Payne, 495 So.2d 89 (Ala. 1986).
REVERSED AND REMANDED.
All Judges concur.