Arthur Felton Holbert v. State of Alabama

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REL 08/29/2008 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, 2007-2008 _________________________ CR-06-1574 _________________________ Arthur Felton Holbert v. State of Alabama Appeal from Morgan Circuit Court (CC-05-1386 and CC-05-1387) On Remand from the Alabama Supreme Court BASCHAB, PRESIDING JUDGE In accordance with the Alabama Supreme Court's opinion in Ex parte Holbert, [Ms. 1070456, July 11, 2008] ___ So. 2d ___ (Ala. 2008) , we reverse the trial court's judgment as to the CR-06-1574 appellant's conviction sentence and on the remand this driving under case to the the trial proceedings that are consistent with that opinion. REVERSED AND REMANDED. McMillan, Shaw, Wise, and Welch, JJ., concur. 2 influence court for

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