AFTER REMANDMENT
BOWEN, Presiding Judge.
The petitioner, Rickey Lingo, was convicted of driving under the influence of alcohol in the Circuit Court of Houston County. He filed a petition for writ of error in the Alabama Court of Criminal Appeals, which was granted. This Court then reversed the petitioner's conviction, 497 So.2d 858, on authority of our opinion in Cherry v. State,
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