Scales v. State

*1080ON REMAND FROM ALABAMA SUPREME COURT

TYSON, Judge.

The issue of whether or not a second Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) hearing is required by the opinion of the Supreme Court of Alabama in Branch v. State, 526 So.2d 609 (Ala.1987), having been decided adversely to the appellant, this court will now proceed to review the other issues presented in this appeal.

I

As noted in our original opinion this is a “shoplifting” case by virtue of the indictment of the appellant for removing certain properties from the Sears-Roebuck Store in Huntsville, Alabama, without…