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MERCHANT v. STATE

CR-00-2034.

819 So.2d 662 (2001)

Michael Anthony MERCHANT v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 21, 2001.

Attorney(s) appearing for the Case

Michael Anthony Merchant, pro se.

Bill Pryor, atty. gen.; and Beth Slate Poe and Sandra J. Stewart, asst. attys. gen., for appellee.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and BASCHAB and WISE, JJ., concur; SHAW, J., concurs in the result; COBB, J., dissents, with opinion.

COBB, Judge, dissenting.

I agree with the result the majority reaches in its unpublished memorandum as to all claims except those arising from the United States Supreme Court's opinion in Apprendi v. New Jersey,

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