No. CR-98-1218.Court of Criminal Appeals of Alabama.
Decided August 26, 2005.
Appeal from Shelby Circuit Court (CC-97-383).
On Return to Second Remand.
WISE, Judge.
On May 27, 2005, in accordance with the directions of the United States Supreme Court, this Court remanded Duke’s case for the circuit court to vacate Duke’s death sentence, based on the Supreme Court’s decision in Roper v. Simmons, 543 U.S. ___, 125 S. Ct. 1183 (2005).
The circuit court has complied with our instructions, and on June 7, 2005, the court entered a written order setting aside Duke’s death sentence and imposing the only other available sentence — life in the penitentiary without the possibility of parole. Based on the foregoing, Duke’s sentence is now due to be affirmed on return to second remand.
AFFIRMED.
McMillan, P.J., and Cobb, Baschab, and Shaw, JJ., concur.