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BARNETT v. STATE

CR-94-688.

671 So.2d 135 (1995)

Roger Dale BARNETT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 8, 1995.

Certiorari Denied December 1, 1995.

Attorney(s) appearing for the Case

Andrew Smith, Tuscaloosa, for Appellant.

Jeff Sessions, Atty. Gen., and Jane Brannon, Asst. Atty. Gen., for Appellee.

Alabama Supreme Court 1941923.

TAYLOR, Presiding Judge.

The appellant, Roger Dale Barnett, was convicted of driving under the influence of alcohol (DUI), a violation of § 32-5A-191(a)(2), Code of Alabama 1975. He was sentenced to 90 days in jail.

The state's evidence tended to show that on December 4, 1994, the appellant was in actual physical control of his automobile while under the influence of alcohol. Assistant Chief Randy Kizziah of the...

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