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NEW v. STATE

CR-94-908.

674 So.2d 1377 (1995)

Benjamin Robert NEW v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 9, 1995.

Certiorari Denied January 12, 1996.

Attorney(s) appearing for the Case

Gary L. Blume, Tuscaloosa, for Appellant.

Jeff Sessions, Atty. Gen., and Brenda Smith, Asst. Atty. Gen., for Appellee.

Alabama Supreme Court 1950286.

TAYLOR, Presiding Judge.

The appellant, Benjamin Robert New, was convicted of unlawfully breaking and entering a vehicle, a violation of § 13A-8-11(b), Code of Alabama 1975. He was sentenced to 18 months in the penitentiary.

The state's evidence tended to show that on June 2, 1993, Lieutenant Robert Pennington of the Northport Police Department was on routine patrol at...

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