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McFARLEY v. STATE

CR-91-1028.

608 So.2d 430 (1992)

James McFARLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 23, 1992.

Attorney(s) appearing for the Case

Jonathan Tindle, Bessemer, for appellant.

James H. Evans, Atty. Gen., and Stephen Dodd, Asst. Atty. Gen., for appellee.

JAMES H. FAULKNER, Retired Justice.

James McFarley was indicted for the offense of promoting prison contraband in the first degree, in violation of § 13A-10-36, Code of Alabama 1975. The jury found McFarley guilty as charged in the indictment, and he was sentenced to a five-year term of imprisonment, which term would run consecutively with the sentence he was then serving. Two issues are raised on appeal.

I

McFarley contends that the State exercised...

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