Opinion
1 Div. 611.
October 28, 1988.
Appeal from Mobile Circuit Court.
AFTER REMAND FROM ALABAMA SUPREME COURT
The Alabama Supreme Court, 556 So.2d 744, affirmed the cause as to the conviction and reversed as to the sentencing because the jury was allowed to consider improper aggravating circumstances. In holding that such an error is not harmless, the Court ordered that this cause be remanded for a new sentencing hearing before a jury and before the court as required by law.
REVERSED AND REMANDED (as to sentencing).
All Judges concur.