COOK, Justice.
This cause is remanded for the trial court to consider whether, under the analysis employed in Department of Revenue of Montana v. Kurth Ranch, 511 U.S. ___, 114 S.Ct. 1937, 128 L.Ed.2d 767 (1994), the application of Ala.Code 1975, § 40-17A-1 et seq., infringes Johnson's constitutional guarantees against double jeopardy.
REMANDED.
MADDOX, SHORES, HOUSTON and INGRAM...
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