Ex Parte Johnson

The writ of certiorari was granted automatically in this case in which the death penalty was imposed as punishment. Rule 39 (c), ARAP. We have carefully reviewed the record and the briefs of the parties on the points raised by the petition, and upon due consideration we affirm the conviction. We reverse and remand for a new sentencing hearing, however.

As noted by the Court of Criminal Appeals, there were two sentencing proceedings in the lower court. At the second hearing that court applied our decision in Ex parte Cook, Ala.,369 So.2d 1251 (1978), interpreting the aggravating circumstance of…