
    Nelson Patterson BATES, Jr. v. STATE.
    CR-94-0829.
    Court of Criminal Appeals of Alabama.
    Dec. 19, 1997.
    
      William E. Friel II, Birmingham, for appellant.
    Bill Pryor, atty. gen., and Margaret Child-ers, asst. atty. gen., for appellee.
   On Remand from the Alabama Supreme Court

COBB, Judge.

On the authority of Ex parte Bates, 709 So.2d 1115 (Ala.1997), the judgment is reversed and this case is remanded to the circuit court for compliance with the instructions of the Alabama Supreme Court to re-sentence Bates without applying the enhancement provision of § 13A-5-6(a)(4), Ala. Code 1975.

REVERSED AND REMANDED WITH INSTRUCTIONS.

All the Judges concur.  