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STATE v. SPIVEY

CR 92-2070.

675 So.2d 1335 (1994)

STATE v. Kelvin SPIVEY.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 17, 1994.

Certiorari Dismissed August 9, 1994.

Attorney(s) appearing for the Case

David Barber, Dist. Atty., Birmingham, and Joseph Marston III, Asst. Atty. Gen., for appellant.

William E. Friel II and William M. Dawson, Jr., Birmingham, for appellee.

Alabama Supreme Court 1931356.

BOWEN, Presiding Judge.

Kelvin Spivey was indicted for possession of cocaine. He filed a pre-trial motion to suppress the cocaine, alleging that it was seized during a search based upon a defective warrant. After an evidentiary hearing, the trial court granted the motion to suppress. The State appeals from that order pursuant to Rule 15.7, A.R.Crim.P.

On the afternoon of February 20, 1991, a district court judge in Jefferson...

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