
    Ex parte Mickey Darrell HARRIS.  (Re Micky Darrell Harris v. State).
    1972098.
    Supreme Court of Alabama.
    Nov. 5, 1999.
    Willie J. Huntley, Jr., and Kelli D. Taylor-Etheredge of Huntley, Jordan !& Associates, P.C., Mobile, for petitioner.
    Bill Pryor, atty. gen., and Stephen N. Dodd, asst. atty. gen., for respondent.
    
      
       Note from the reporter of decisions: This case in the Court of Criminal Appeals carried the name "Micky Darrell Harris.”
    
    
      
       Justice Brown was a member of the Court of Criminal Appeals when that court considered this case.
    
   ENGLAND, Justice.

The Court of Criminal Appeals affirmed the defendant’s conviction, without opinion, on June 19, 1998. Harris v. State, 738 So.2d 945 (Ala.Crim.App.1998) (table). We granted certiorari review. The legal issue presented in this case is the same as that presehted in Ex parte Parker, 740 So.2d 432 (Ala.1999). The judgment of - the Court of Criminal Appeals is reversed and the cause is remanded, based on our holding in Parker, as clarified in Ex parte Formby, 750 So.2d 587 (Ala.1999).

REVERSED AND REMANDED.

HOOPER, C.J., and HOUSTON, COOK, LYONS, and JOHNSTONE, JJ., concur.

BROWN, J., recuses herself.  