Summary
placing a case on rehearing ex mero motu after initially denying the defendant's 1991 petition for certiorari review
Summary of this case from Alabama Coalition for Equity, Inc. v. JamesOpinion
1910150.
October 9, 1992.
Petition for writ of Certiorari to the Court of Criminal Appeals (CR 90-1025). Appeal from the Dallas Circuit Court, No. CC-89-359, John C. Norton, Judge.
P.V. Russell of McCormick Russell and Blanchard L. McLeod, Jr., Selma, for petitioner.
James H. Evans, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for respondent.
ON REHEARING EX MERO MOTU
On August 23, 1991, the Court of Criminal Appeals affirmed Danny Keith Martin's conviction, without an opinion. 587 So.2d 1114 and 595 So.2d 922. On December 20, 1991, this Court denied his petition for certiorari review. On July 23, 1992, this Court, on rehearing ex mero motu, granted certiorari review.
On the authority of Ex parte Thomas, 616 So.2d 352 (Ala. 1992), the judgment of the Court of Criminal Appeals is hereby reversed and the case is remanded with instructions that the defendant be allowed to withdraw his guilty plea.
REVERSED AND REMANDED.
HORNSBY, C.J., and MADDOX, SHORES, ADAMS, HOUSTON and INGRAM, JJ., concur.