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ALLEN v. STATE

CR-01-0516.

850 So.2d 375 (2002)

Alfred ALLEN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 2, 2002.

Attorney(s) appearing for the Case

Gregory M. Varner, Ashland, for appellant.

William H. Pryor, Jr., atty. gen., and Andy Scott Poole, asst. atty. gen., for appellee.

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and SHAW and WISE, JJ., concur; COBB, J., dissents, with opinion.

COBB, Judge, dissenting.

I believe the majority in its unpublished memorandum has erroneously determined that Alfred Allen was in constructive possession of the marijuana found in the residence. The police obtained and executed the warrant, searching, not for marijuana, but for cocaine, which they suspected Allen...

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