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Roy WILLIAMS v. STATE.

AFTER REMAND FROM ALABAMA SUPREME COURT

McMILLAN, Judge.

The Alabama Supreme Court, 556 So.2d 744, affirmed the cause as to the conviction and reversed as to the sentencing because the jury was allowed to consider improper aggravating circumstances. In holding that such an error is not harmless, the Court ordered that this cause be remanded for a new sentencing hearing before a jury and before the court as required by law.

REVERSED AND REMANDED (as to sentencing).

All Judges concur.

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WILLIAMS v. STATE
(Oct 28, 1988)