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EX PARTE WOOD

88-1563.

564 So.2d 860 (1990)

Ex parte Kenneth Houston WOOD. Re Kenneth Houston Wood v. State.

Supreme Court of Alabama.

April 12, 1990.

Attorney(s) appearing for the Case

J. Fletcher Jones, Andalusia, for petitioner.

Don Siegelman, Atty. Gen., and James B. Prude, Asst. Atty. Gen., for respondent.

KENNEDY, Justice.

Petitioner, Kenneth Houston Wood, was convicted of theft by deception, Code 1975, § 13A-8-3, of a $3,281.44 check, the property of Trinity Insurance Company of Kansas, Inc. ("Trinity"), and was sentenced to five years' imprisonment and was ordered to pay $3,281.44 in restitution. The Court of Criminal Appeals affirmed, without an opinion. 550 So.2d 1096. We reverse and remand.

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