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STATE DEPT. OF REVENUE v. ZEGARELLI

2941055, 2941117.

676 So.2d 354 (1996)

STATE DEPARTMENT OF REVENUE v. Joseph John ZEGARELLI, Jr. Joseph John ZEGARELLI, Jr. v. STATE DEPARTMENT OF REVENUE.

Court of Civil Appeals of Alabama.

March 22, 1996.

Attorney(s) appearing for the Case

Dan E. Schmaeling, Asst. Counsel, Department of Revenue, and Deputy Atty. Gen., for the State Department of Revenue.

Walter L. Blocker III, Birmingham, for Joseph John Zegarelli, Jr.

SAM A. BEATTY, Retired Justice.

On February 6 and March 20, 1989, Joseph John Zegarelli, Jr., was arrested for possession of marijuana. On May 17, 1989, the Alabama Department of Revenue ("the Department") entered two final jeopardy assessments of marijuana and controlled substances tax against Zegarelli pursuant to Alabama's controlled substances excise tax statutes, §§ 40-17A-1 to -16, Ala.Code 1975. On December 15, 1989, Zegarelli pleaded guilty to possession...

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