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EX PARTE MITCHELL

1961973.

723 So.2d 14 (1998)

Ex parte Cary T. MITCHELL. (Re Cary T. Mitchell v. State).

Supreme Court of Alabama.

October 23, 1998.

Attorney(s) appearing for the Case

Beverly J. Howard, Montgomery, for petitioner.

Bill Pryor, atty. gen., and J. Thomas Leverette, asst. atty. gen., for respondent.

SHORES, Justice.

Cary T. Mitchell was adjudicated a youthful offender on the underlying charge of second-degree theft of property, a violation of § 13A-8-4, Ala.Code 1975, for allegedly stealing nitrous oxide tanks from the East Montgomery Medical Center on August 1, 1995.

Section 13A-8-4 reads in part:

"(a) The theft of property which exceeds $250.00 in value but does not exceed $1,000.00 in value, and which is not taken from the person of another...

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