Connolly v. State

ON APPLICATION FOR REHEARING

BOWEN, Presiding Judge.

Our original opinion on return to remand after remand, which was released November 13, 1992, is hereby withdrawn and this opinion is substituted therefor.

The appellant’s conviction for murder was affirmed by this Court in Connolly v. State, 602 So.2d 443 (Ala.Cr.App.1990), but the cause was later remanded for resentencing, Connolly v. State, 602 So.2d 457 (Ala.Cr.Ap.1992), in accordance with the opinion of the Alabama Supreme Court in Connolly v. State, 602 So.2d 452 (Ala.1992). In its opinion, the Alabama Supreme Court stated:

“[T]he State at…