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BATES v. STATE

CR-94-0829.

709 So.2d 1117 (1997)

Nelson Patterson BATES, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

December 19, 1997.

Attorney(s) appearing for the Case

William E. Friel II, Birmingham, for appellant.

Bill Pryor, atty. gen., and Margaret Childers, asst. atty. gen., for appellee.

On Remand from the Alabama Supreme Court

COBB, Judge.

On the authority of Ex parte Bates, 709 So.2d 1115 (Ala.1997), the judgment is reversed and this case is remanded to the circuit court for compliance with the instructions of the Alabama Supreme Court to resentence Bates without applying the enhancement provision of § 13A-5-6(a)(4), Ala. Code 1975.

REVERSED AND REMANDED WITH INSTRUCTIONS.

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