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BENSON v. STATE

CR-06-0170.

5 So.3d 653 (2008)

Latarence J. BENSON v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 28, 2008.

Denial of Rehearing Set Aside April 24, 2008.

Rehearing Denied June 20, 2008.

Certiorari Denied September 12, 2008 Alabama Supreme Court 1070912.

Attorney(s) appearing for the Case

Donald L. Colee, Jr., Birmingham, for appellant.

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

McMILLAN, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

WISE, J., concurs.

BASCHAB, P.J., and SHAW, J., concur in the result.

WELCH, J., concurs in the result, with opinion.

WELCH, Judge, concurring in the result.

Latarence J. Benson was indicted on charges of first-degree burglary (CC-05-1913), and first-degree rape (CC-05-1914), against S.S.1 The trial court sentenced him, as a habitual offender with...

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