Johnson v. Alabama Department of Revenue

653 So. 2d 290, 1995 Ala. LEXIS 40, 1995 WL 29843

Opinion

COOK, Justice.

This cause is remanded for the trial court to consider whether, under the analysis employed in Department of Revenue of Montana v. Kurth Ranch, 511 U.S. -, 114 S.Ct. 1937, 128 L.Ed.2d 767 (1994), the application of Ala.Code 1975, § 40-17A-1 et seq., infringes Johnson’s constitutional guarantees against double jeopardy.

REMANDED.

MADDOX, SHORES, HOUSTON and INGRAM, JJ., concur.