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CITY OF MONTGOMERY v. ZGOUVAS

CR-05-0039.

953 So.2d 434 (2006)

CITY OF MONTGOMERY v. Thyno ZGOUVAS.

Court of Criminal Appeals of Alabama.

September 29, 2006.

Attorney(s) appearing for the Case

Stephanie Smithee, Montgomery, for appellant.

William R. Blanchard, Montgomery, for appellee.

David Gespass and Thomas B. Diasio, Birmingham, for amicus curiae American Civil Liberties Union of Alabama and American Civil Liberties Union, in support of the appellee.

COBB, Judge.

Thyno Zgouvas was charged in Montgomery Municipal Court with violating Ordinance No. 1-9 of the City of Montgomery, which makes the commitment of a misdemeanor as defined by the laws of the State of Alabama within the city limits an offense against the City. Specifically, Zgouvas was accused of making harassing communications in violation of § 13A-11-8(b), Ala.Code 1975, which states:

"(b)(1) Harassing Communications. A person commits the...

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