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ALTHERR v. STATE

CR-02-0437.

911 So.2d 1105 (2004)

John Anthony ALTHERR v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

August 27, 2004.

Attorney(s) appearing for the Case

Gregory M. Varner, Ashland, for appellant.

William H. Pryor, Jr., and Troy King, attys. gen., and J. Thomas Leverette and Michael B. Billingsley, asst. attys. gen., for appellee.

On Application for Rehearing

COBB, Judge.

The opinion of January 30, 2004, is withdrawn and the following opinion is substituted therefor. We are taking the opportunity in this substituted opinion to address the State's assertion in its application for rehearing that John Anthony Altherr's conviction for felony driving under the influence ("DUI") need not be reversed and that Altherr is entitled only to...

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