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SMITH v. STATE

CR-04-2336.

948 So.2d 598 (2006)

Luther Allen SMITH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 16, 2006.

Certiorari Denied August 11, 2006.

Attorney(s) appearing for the Case

Jonathan L. Tindle, Bessemer, for appellant.

Troy King, atty. gen., and Nancy M. Kirby, deputy atty. gen., for appellee.

Alabama Supreme Court 1051388.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and SHAW, J., concur.

COBB, J., concurs in part as to the rationale and concurs in the result, with opinion.

BASCHAB, J., concurs in the result.

COBB, Judge, concurring in part as to the rationale and concurring in the result.

I concur fully as to Issues II and III of the unpublished memorandum. I concur in the result only...

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