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EX PARTE TUPPER

1970839.

764 So.2d 1262 (1999)

Ex parte Michael C. TUPPER. (Re Michael C. Tupper v. State).

Supreme Court of Alabama.

Opinion on Denial of Rehearing November 19, 1999.

Attorney(s) appearing for the Case

J. Robert Bentley, Oneonta, for petitioner.

Bill Pryor, atty. gen., and James B. Prude, asst. atty. gen., for respondent.

Prior report: Ala.Crim.App., 727 So.2d 186.

COOK, Justice.

The legal issue presented in this case is the same as that presented in Ex parte Parker, 740 So.2d 432 (Ala.1999). In Parker, we addressed the issue whether § 32-5A-191(h), Ala.Code 1975, states a substantive offense, of which the three prior convictions referred to in that subsection are elements, or whether the prior offenses referred to in that...

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