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CLARK v. STATE

CR-02-0653.

879 So.2d 609 (2003)

David CLARK, Jr. v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 15, 2003.

Certiorari Denied October 10, 2003.

Attorney(s) appearing for the Case

David Clark, Jr., pro se.

William H. Pryor, Jr., atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.

Alabama Supreme Court 1021928.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

COBB and SHAW, JJ., concur.

BASCHAB, J., dissents, with opinion, which McMILLAN, P.J., joins.

BASCHAB, Judge, dissenting.

Because this case is materially indistinguishable from Capps v. State, 747 So.2d 358 (Ala.Crim.App.1999), and Crenshaw v. State, 740 So.2d 478

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