REL:06/27/2003 EX PARTE STATE OF ALABAMA (ARRINGTON V. STATE)
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) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA
OCTOBER TERM, 2002-2003
_________________________
_________________________
Ex parte State of Alabama
PETITION FOR WRIT OF CERTIORARI
TO THE COURT OF CRIMINAL APPEALS
(In re: Trumaine Arrington
v.
(Jefferson Circuit Court, CC-98-4663 and CC-98-4664;
Court of Criminal Appeals, CR-00-0995)
HARWOOD, Justice.
The convictions and sentences in this case are due to be reversed and the case remanded on the authority of Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So. 2d ___ (Ala. 2003).
Trumaine Arrington and Antywan Develle Wilson were co-defendants. Arrington's and Wilson's cases were consolidated for trial, and Arrington and Wilson were both convicted of attempted murder and first-degree robbery. They appealed to the Court of Criminal Appeals, and that court ultimately reversed both Arrington's and Wilson's convictions. Arrington v. State, [Ms. CR-00-0995, August 30, 2002] ___ So. 2d ___ (Ala. Crim. App. 2002); Wilson v. State, [Ms. CR-00-1003, April 26, 2002] ___ So. 2d ___ (Ala. Crim. App. 2002). The facts of Arrington's case and the legal issues presented on his appeal to this Court are identical to those presented in Wilson. Accordingly, on the authority of this Court's opinion in Wilson, we reverse the judgment of the Court of Criminal Appeals and remand this case for that court to affirm Arrington's convictions and sentences.
REVERSED AND REMANDED.
Moore, C.J., and Houston, See, Brown, and Stuart, JJ., concur.
Lyons, J., concurs in the judgment only and dissents from the directions on remand.
Johnstone and Woodall, JJ., dissent.
LYONS, Justice (concurring in the judgment only and dissenting from the directions on remand).
For the reasons expressed in my special writing in Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So. 2d ___ (Ala. 2003), I concur in the judgment only and dissent from the directions on remand.
JOHNSTONE, Justice (dissenting).
I respectfully dissent for the reasons expressed in my dissent in Wilson v. State, [Ms. 1020014, June 13, 2003] ___ So. 2d ___ (Ala. 2003).