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MOTON v. STATE

CR-04-2040.

942 So.2d 405 (2006)

Lester Lee MOTON, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 27, 2006.

Certiorari Denied May 12, 2006.

Attorney(s) appearing for the Case

Lester Lee Moton, Jr., pro se.

Troy King, atty. gen., and Jennifer M. Garrett, asst. atty. gen., for appellee.

Alabama Supreme Court 1050600.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

SHAW, Judge, concurring in the result.

I seriously question the propriety of relying on Clemons v. State, [Ms. CR-01-1355, June 24, 2005] ___ So.2d ___, ___ (Ala.Crim.App.2003) (opinion on return to remand), to hold that the...

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