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EX PARTE STATE

1972281.

741 So.2d 449 (1999)

Ex parte State of Alabama. Re Willie James ABNER v. STATE.

Supreme Court of Alabama.

September 1, 1999.

Attorney(s) appearing for the Case

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

Bruce Maddox, Montgomery, for respondent.

Prior report: Ala.Cr.App., 741 So.2d 440.

SEE, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

COOK, LYONS, and JOHNSTONE, JJ., concur.

HOOPER, C.J., and MADDOX and HOUSTON, JJ., dissent.

BROWN, J., recuses herself.

HOUSTON, Justice (dissenting).

I would reverse the judgment of the Court of Criminal Appeals. Although I joined the majority opinion in Ex parte Tucker, ...

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