
    STATE of Alabama v. Mark Allen PAYNE.
    3 Div. 248.
    Court of Criminal Appeals of Alabama.
    Aug. 12, 1986.
    Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for appellant.
    Richard M. Jordan and Randy Myers, Montgomery, for appellee.
   AFTER REMANDMENT

BOWEN, Presiding Judge.

The judgment of the circuit court is reversed and the cause remanded on authority of Newberry v. State [1986], 493 So.2d 995 (Ala.1986), as directed in State v. Payne, 495 So.2d 89 (Ala.1986).

REVERSED AND REMANDED.

All Judges concur.  