748 So. 2d 225 | Ala. Crim. App. | 1999
On January 5, 1998, the appellant, M.W.D., Jr., a minor, pleaded guilty to sodomy in the first degree and was sentenced to six months' probation. When he learned after his sentencing that he was *226
subject to the requirements of the Community Notification Act, §
On appeal, the appellant contends that the trial court erred in refusing to halt, as a part of its injunctive relief, the distribution of the notification fliers by the sheriff, pursuant to the CNA. He also argues that the CNA is unconstitutional on equal protection, due process, and vagueness grounds. The State has filed a cross appeal, contending that both the notification and the residence-restriction provisions are enforceable because, it argues, the CNA is not an ex post facto law. The State further contends that the CNA does not violate equal protection or due process guarantees and that it is not unconstitutionally vague.
In State v. C.M., [Ms. CR-98-0447, May 5, 1999]
This cause is due to be, and it is hereby remanded to the trial court with instructions to grant the injunctive relief sought by the appellant. Return should be made to this Court within 45 days of the release of this opinion.
REMANDED WITH INSTRUCTIONS.
Long, P.J., and Cobb, Baschab, and Fry, JJ., concur.