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WATTS v. STATE

CR-09-1944.

77 So.3d 1218 (2011)

Gerald Leon WATTS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

July 29, 2011.

Attorney(s) appearing for the Case

Debora E. Palmer , Montgomery, for appellant.

Troy King and Luther Strange , attys. gen., and Jack W. Willis , asst. atty. gen., for appellee.

WELCH, P.J., and WINDOM and KELLUM, JJ., concur. BURKE, J., concurs specially. JOINER, J., concurs in the result.

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BURKE, Judge, concurring specially.

Although I agree that Gerald Leon Watts has failed to preserve for appellate review the issue regarding being tried in absentia, I believe that this fact situation, where Watts was removed from the proceedings due to medical reasons and pursuant to the trial court's direction, distinguishes this case from prior caselaw because he was unable to waive his right to be...

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