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PAYNE v. STATE

CR-04-2005.

946 So.2d 930 (2006)

David D. PAYNE v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

February 3, 2006.

Attorney(s) appearing for the Case

Lee F. Knowles, Geneva, for appellant.

Troy King, atty. gen., and Yvonne A.H. Saxon, asst. atty. gen., for appellee.

BASCHAB, Judge.

The appellant, David D. Payne, was convicted of four counts of fraudulent use of a credit card, violations of § 13A-9-14(b), Ala.Code 1975. The trial court sentenced him, as a habitual offender, to serve concurrent terms of ten years in prison. See § 13A-5-9(b)(1), Ala.Code 1975. The appellant filed an untimely motion for a new trial.1 This appeal followed.

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