Jerry Jerome Smith v. State of Alabama

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rel08/31/07 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2006-2007 _________________________ CR-97-1258 _________________________ Jerry Jerome Smith v. State of Alabama Appeal from Houston Circuit Court (CC-97-270) On Remand from the Alabama Supreme Court BASCHAB, PRESIDING JUDGE In accordance with the Alabama Supreme Court's opinion in Smith v. State, [Ms. 1060427, May 25, 2007] ___ So. 2d ___ (Ala. 2007), we remand this case to the trial court with CR-97-1258 instructions that that court conduct proceedings that are consistent with that opinion. On remand, the trial court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 56 days after the release of this opinion. The return to remand shall include the trial court's written findings of fact and a transcript of the Atkins hearing. REMANDED WITH INSTRUCTIONS. McMillan, Shaw, Wise, and Welch, JJ., concur. 2

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