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WILSON v. STATE

CR-06-0887.

993 So.2d 48 (2008)

Darryl Eugene WILSON v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

April 25, 2008.

Attorney(s) appearing for the Case

Charlie A. Bottoms, Jr., Florence, for appellant.

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

On Application for Rehearing

SHAW, Judge.

UNPUBLISHED MEMORANDUM OF FEBRUARY 1, 2008, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN and WISE, JJ., concur.

BASCHAB, P.J. dissents, with opinion.

WELCH, J., dissents.

BASCHAB, Presiding Judge, dissenting.

The record in this case does not affirmatively establish that the appellant "had notice of the time and...

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