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SWAIN v. STATE

CR-00-1573.

828 So.2d 371 (2001)

Doroyle Antonio SWAIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 30, 2001.

Certiorari Denied February 22, 2002.

Attorney(s) appearing for the Case

Allen Kenneth Mitchell, Dothan, for appellant.

Bill Pryor, atty. gen., and Daniel W. Madison, deputy atty gen., for appellee.

Alabama Supreme Court 1010607.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. COBB, J., concurs in part and dissents in part, with opinion. SHAW, J., concurs in part and dissents in part, with opinion.

COBB, Judge, concurring in part and dissenting in part.

I agree with the unpublished memorandum except insofar as it affirms the judgment on the issue addressing the appellant's Apprendi...

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