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EX PARTE STATE

1970281.

740 So.2d 438 (1999)

Ex parte State of Alabama. (Re Sidney Wallace JOHNSTON v. STATE).

Supreme Court of Alabama.

February 26, 1999.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and P. David Bjurberg, asst. atty. gen., for petitioner.

Narissa G. Nelson, Foley, for respondent.

COOK, Justice.

The judgment of the Court of Criminal Appeals (see Johnston v. State, 740 So.2d 436 (Ala.Crim.App.1996)) is reversed, on the authority of Ex parte Parker, 740 So.2d 432 (Ala.1999). This cause is remanded to the Court of Criminal Appeals to reinstate the trial court's judgment and sentence.

REVERSED AND REMANDED WITH DIRECTIONS.

HOOPER, C.J., and MADDOX...

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