Dozier v. State

837 So. 2d 252, 2001 Ala. LEXIS 464, 2001 WL 1637384

Opinion

HOUSTON, Justice.

On April 20, 2001, the Court of Criminal Appeals affirmed, by unpublished memo randum, Arria R. Dozier’s convictions and sentences for discharging a firearm into an occupied vehicle and for assault in the second degree. Dozier v. State, (No. CR-99-2197) 836 So.2d 999 (Ala.Crim.App.2001) (table). In its unpublished memorandum the Court of Criminal Appeals declined to address the double-jeopardy issue raised by Dozier, because, it said, his motion asserting his double-jeopardy argument was untimely. We remand this ease for the Court of Criminal Appeals to address Dozier’s claims that his convictions and sentences for discharging a firearm into an occupied vehicle and for second-degree assault violated constitutional prohibitions against double jeopardy. We reserve judgment on the merits of the petitioner’s arguments until the Court of Criminal Appeals responds to our remand.

REMANDED.

Footnotes

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MOORE, C.J., and SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, WOODALL, and STUART, JJ., concur.

Note from the reporter of decisions: On April 19, 2002, on remand from the Supreme Court, the Court of Criminal Appeals affirmed, without opinion. On May 31, 2002, the Supreme Court quashed the writ of certio-rari, without opinion.