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RINCHER v. STATE

1921895.

632 So.2d 41 (1994)

Ex parte State of Alabama. Re Patrick Deslander RINCHER, alias v. STATE.

Supreme Court of Alabama.

January 7, 1994.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Jean A. Therkelsen, Deputy Atty. Gen., for petitioner.

Joe W. Morgan, Jr., Birmingham, for respondent.

Prior report: Ala.Cr.App., 632 So.2d 37.

KENNEDY, Justice.

Writ denied.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, STEAGALL, INGRAM and COOK, JJ., concur.

HOUSTON, J., dissents.

HOUSTON, Justice (dissenting).

I would grant the writ and reverse the judgment on the authority of Carden v. State, 612 So.2d 506

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