On Remand from the Alabama Supreme Court
Sherman Collins was convicted of capital murder for killing Detrick Bell for pecuniary gain, a violation of § 13A-5-40(a)(7), Ala. Code 1975, and for criminal conspiracy, a violation of § 13A-4-3, Ala. Code 1975. The circuit court sentenced Collins to death for his capital-murder conviction and to 120 months imprisonment for his criminal-conspiracy conviction. On direct appeal, this Court affirmed Collinss convictions and sentences. See Collins v. State, [Ms. CR-14-0753, Oct. 13, 2017] ––– So. 3d ––––, 2017 WL 4564447 (Ala. Crim. App. 2017) (opinion on original submission); [Ms. CR-14-0753, July 13, 2018] ––– So. 3d at –––– (opinion on return to remand); [Ms. CR-14-0753, Oct. 25, 2019] ––– So. 3d ––––, 2019 WL 5608055 (opinion on return to second remand); and [Ms. CR-14-0753, Mar. 12, 2021] ––– So. 3d ––––, 2021 WL 940525 (on application for rehearing).
On June 24, 2021, the Alabama Supreme Court granted Collinss petition for a writ of certiorari “to consider whether [this Courts] decision is in conflict with Blockburger v. United States, 284 U.S. 299 [52 S.Ct. 180, 76 L.Ed. 306] (1932).” Ex parte Collins, [Ms. 1200443, Nov. 5, 2021] ––– So. 3d ––––, 2021 WL 5143906 (Ala. 2021). In answering that question, the Alabama Supreme Court held that this Court “erred in concluding that Collinss convictions and sentences for murder for hire and criminal conspiracy do not violate the Double Jeopardy Clause.” Id. at ––––. Consequently, the Alabama Supreme Court affirmed this Courts decision “insofar as it affirms Collinss capital-murder conviction and his resulting sentence to death and reverse[d] [this Courts] decision insofar as it affirms Collinss criminal-conspiracy conviction and his resulting sentence to 120 months’ imprisonment.” Id. at ––––. The Alabama Supreme Court also instructed this Court to “to remand this cause to the circuit court for it to set aside Collinss conviction for criminal conspiracy and his resulting sentence therefrom.”
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Id. at ––––.
In accordance with the Alabama Supreme Courts instructions, we remand this case to the circuit court for that court to set aside Collinss conviction for criminal conspiracy and his resulting sentence of 120 months imprisonment. No return to this Court is necessary. The certificate of judgment shall issue forthwith.
REMANDED WITH INSTRUCTIONS.
FOOTNOTES
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. Because the Alabama Supreme Court affirmed this Courts judgment as to Collinss capital-murder conviction and death sentence, Collinss capital-murder conviction and death sentence are not before this Court on remand from the Alabama Supreme Court.
PER CURIAM.
Windom, P.J., and Kellum, McCool, Cole, and Minor, JJ., concur.