Opinion
No. 90-CA-617.
July 24, 1991.
Appeal No. 11997 from Judgment dated May 17, 1990, Ernest Brown, Ruling Judge, Oktibbeha County Circuit Court.
William C. Cunningham, Columbus, for petitioner.
Mike C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for respondent.
Before ROY NOBLE LEE, PITTMAN and BANKS, JJ.
ON MOTION TO REMAND
The appellant was tried and acquitted of a capital offense. The sole issue involved in this appeal is controlled by our decisions in Wilson v. State, 574 So.2d 1338 (Miss. 1990) and Pruett v. State, 574 So.2d 1342 (Miss. 1990), construing Mississippi Code Annotated, Section 99-15-17 (Supp. 1990). Accordingly, we may expedite this matter. The judgment of the lower court is reversed and the case remanded to the Circuit Court of Oktibbeha County for a hearing on the appropriate amount of expenses to be allowed the attorneys representing the defendant consistent with our opinions in Wilson and Pruett.
REVERSED AND REMANDED.
ROY NOBLE LEE, C.J., HAWKINS and DAN M. LEE, P.JJ., and PRATHER, ROBERTSON, SULLIVAN, PITTMAN, and McRAE, JJ., concur.