¶1On Remand from the Alabama Supreme Court
¶2On 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.
¶3REVERSED AND REMANDED WITH INSTRUCTIONS.