Opinion
79-312.
March 6, 1981.
Donald J. McKinnon, Clayton, for petitioner.
Charles A. Graddick, Atty. Gen., and Sarah Kathryn Farnell, Asst. Atty. Gen., for respondent.
Petition for Writ of Certiorari to the Court of Criminal Appeals, 398 So.2d 730.
The judgment of the Court of Criminal Appeals is reversed, and the cause is remanded to that court for reconsideration consistent with this Court's opinion in Beck v. State, 396 So.2d 645 (Ala. 1980). See, also Kyzer v. State, 399 So.2d 330 (Ala. 1981).
REVERSED AND REMANDED.
TORBERT, C.J., and MADDOX, FAULKNER, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.
JONES, J., concurs in the result.
On remand, Ala.Cr.App., 398 So.2d 751.
See my specially concurring opinion in Kyzer v. State, 399 So.2d 330 (Ala. 1981).