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570 So. 2d 1299

Gregory v. State

Court of Criminal Appeals of Alabama

Decided September 21, 1990

Court of Criminal Appeals of Alabama · decided 1990-09-21

Relies on Harris v. Reed · 455 So. 2d 941 - LaBarber v. State

Decided 1990-09-21

¶1AFTER REMAND FROM THE ALABAMA SUPREME COURT

TAYLOR, Presiding Judge.

¶2This cause was remanded by the Supreme Court of Alabama for consideration in light of Harris v. Reed, 489 U.S. 255,109 S.Ct. 1038, 103 L.Ed.2d 308 (1989).

¶3*1300The judgment of the circuit court is affirmed for the following reasons: Appellant’s issue concerning the State’s introduction of evidence involving appellant’s post-Miranda silence is decided adversely to the appellant based on the merits. The issue regarding the State’s alleged improper comments during closing argument is also decided adversely to the appellant based on the merits. The appellant testified to his prior convictions. It was, therefore, not incorrect for the State to comment on them during closing argument. LaBarber State, 455 So.2d 941 (Ala.Cr.App.1984).

¶4AFFIRMED.

All the Judges concur.
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