¶1On Remand from the Alabama Supreme CourtMeMILLAN, Judge.¶2Pursuant to the Alabama Supreme Court’s opinion in Ex parte Smith, 694 So.2d 1261 (Ala.1996), the judgment is reversed and the cause remanded for proceedings consistent with that opinion.¶3REVERSED AND REMANDED.All Judges concur, except BASCHAB, J., who recused.