Hergott v. State

TAYLOR, Judge.

The appellant, Richard James Hergott, was arraigned on October 26, 1987, for trafficking in marijuana and possession of marijuana. He subsequently entered a plea of guilty but reserved the right to appeal the denial of a motion to suppress. On appeal, we remanded the cause to the trial court with instructions that that court determine wheth*572er the appellant’s garden and barn, where the marijuana was seized pursuant to a war-rantless search, were within the curtilage of his house. Hergott v. State, 554 So.2d 1139 (Ala.Cr.App.1988).1 On return to remand, this court affirmed the…