Stringfellow v. State

ON RETURN TO REMAND

TAYLOR, Judge.

In accordance with our Supreme Court’s decision in Ex parte Stringfellow, 565 So.2d 147 (Ala.1990), we reversed and remanded this case to the Circuit Court for Lee County, 565 So.2d 150 so that the appellant, who was convicted of sodomy in 1985, could have the opportunity to amend his Rule 20, A.R.Crim.P.Temp., petition. The record filed by the circuit court shows that the appellant’s petition was amended and a hearing was held on the new allegations. The appellant alleged that he should be entitled to a new trial based on prosecu-torial misconduct.…