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STATE v. PAYNE

85-501.

495 So.2d 89 (1986)

Ex parte State of Alabama. (Re STATE of Alabama v. Mark Allen PAYNE).

Supreme Court of Alabama.

June 13, 1986.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for petitioner.

Richard M. Jordan, Montgomery, for respondent.

BEATTY, Justice.

Reversed and remanded to the Court of Criminal Appeals on the authority of Newberry v. State, 493 So.2d 995 (Ala.1986).

REVERSED AND REMANDED.

All the Justices concur.

On remand to, Ala.Cr.App., 495 So.2d 90

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