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STATE v. MULLINS

CR-06-2188.

991 So.2d 789 (2008)

STATE of Alabama v. Roger Dewayne MULLINS.

Court of Criminal Appeals of Alabama.

February 29, 2008.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Michael Gregory Dean, asst. atty. gen., for appellant.

Patrick Mahaney, Montgomery, for appellee.

McMILLAN, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

SHAW and WELCH, JJ., concur.

WISE, J., concurs in the result.

BASCHAB, P.J., dissents, with opinion.

BASCHAB, Presiding Judge, dissenting.

The appellee was indicted for felony driving under the influence ("DUI"), based on conduct that occurred on February 9, 2007. Relying on § 32-5A-191(o), Ala. Code 1975, the appellee moved to dismiss the felony DUI charge because his...

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