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STATE v. McGEE

CR-06-1651.

992 So.2d 793 (2008)

STATE of Alabama v. Clifford McGEE.

Court of Criminal Appeals of Alabama.

April 4, 2008.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Stephen N. Dodd, asst. atty. gen., for appellant.

Charles W. Barfoot, Montgomery, for appellee.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, SHAW, and WELCH, JJ., concur.

BASCHAB, P.J. dissents, with opinion.

WISE, J., dissents.

BASCHAB, Presiding Judge, dissenting.

The appellee, Clifford McGee, was indicted for felony driving under the influence ("DUI"), use/possession of drug paraphernalia, and resisting arrest based on conduct that occurred on November 24, 2006. Relying on § 32-5A-191(o), Ala. Code...

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