Opinion
No. CR-96-0876.
Decided December 21, 2001.
Appeal from Mobile Circuit Court (CC-96-1040).
On Application for Rehearing
In his application for rehearing, Thomas urges this court to review our rulings in the first 10 parts of our opinion on original submission.Thomas v. State, [Ms. CR-96-0876, December 30, 1999] ___ So.2d ___ (Ala.Crim.App. 1999). However, those issues were subject only to a "plain-error" review under Rule 45A, Ala.R.App.P. Because Thomas has been resentenced to life imprisonment without the possibility of parole, see Thomas v. State, [Ms. CR-96-0876, October 26, 2001] ___ So.2d ___ (Ala.Crim.App. 2001) (opinion on return to second remand), this case is no longer governed by the "plain-error" doctrine. See Murry v. State, 562 So.2d 1348, 1363 (Ala.Crim.App. 1988). We cannot review the 10 issues raised because they were not preserved in the circuit court.
The foregoing opinion was prepared by Retired Appellate Judge John Patterson while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Ala. Code 1975.
APPLICATION OVERRULED.
McMillan, P.J., and Baschab, Shaw, and Wise, JJ., concur. Cobb, J., recuses herself.