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Clark v. State

Court of Criminal Appeals of Alabama
Oct 2, 1998
728 So. 2d 1141 (Ala. Crim. App. 1998)

Opinion

No. CR-94-1544.

August 14, 1998. Opinion on Return to Remand October 2, 1998.

Appeal from Henry Circuit Court (CC-94-055); S. Edward Jackson, Judge.

Charles Decker, for appellant.

Jeff Sessions and Bill Pryor, attys. gen., and Michael B. Billingsley, asst. atty. gen., for appellee.


On Remand from, the Alabama Supreme Court


In accordance with the Alabama Supreme Court's opinion, 728 So.2d 1126 (Ala. 1998), we remand this cause to the trial court for proceedings consistent with that opinion. The trial court shall take all necessary action to assure that the circuit clerk makes due return to this court within 56 days after the release of this opinion.

REMANDED WITH INSTRUCTIONS.

LONG, P.J., and McMILLAN, COBB, and BROWN, JJ., concur.

On Return, to Remand

On August 14, 1998, in accordance with the Alabama Supreme Court's opinion, 728 So.2d 1126 (Ala. 1998), we remanded this case to the trial court for resentencing. On remand, the trial court reweighed the aggravating and mitigating circumstances, excluding the aggravating circumstance set out in § 13A-5-49(8), Ala. Code 1975, to determine whether the death penalty is appropriate in this case. As a result, the trial court determined that the death penalty was not justified in this case. Therefore, on August 21, 1998, it resentenced the appellant to life imprisonment without the possibility of parole. Based on the evidence presented during the guilt and penalty phases of the trial court resentencing the appellant to life imprisonment without the possibility of parole.

AFFIRMED AS TO SENTENCE.

LONG, P.J., and McMILLAN, COBB, and BROWN, JJ. concur.


Summaries of

Clark v. State

Court of Criminal Appeals of Alabama
Oct 2, 1998
728 So. 2d 1141 (Ala. Crim. App. 1998)
Case details for

Clark v. State

Case Details

Full title:Andrew BERT CLARK v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Oct 2, 1998

Citations

728 So. 2d 1141 (Ala. Crim. App. 1998)

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