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01/13/95 WINSTON LAVON WATKINS v. STATE

January 13, 1995

WINSTON LAVON WATKINS
v.
STATE



Appeal from Mobile Circuit Court. (CC-93-1842). Michael McMaken, TRIAL JUDGE.

Rehearing Denied March 3, 1995. Released for Publication August 12, 1995.

Montiel, Judge. All the Judges concur except Taylor, J., who Dissents with opinion.

The opinion of the court was delivered by: Montiel

MONTIEL, JUDGE

AFFIRMED. NO OPINION.

All the Judges concur except Taylor, J., who Dissents with opinion.

Dissenting from Unpublished Memorandum

TAYLOR, JUDGE, (dissenting)

I respectfully Dissent from the unpublished memorandum in this case on the authority of the following recent Supreme Court cases: Bennett v. State, [Ms. 1930083, July 15, 1994) ___ So.2d ___ (Ala. 1994); Cantu v. State, [Ms. 1920426, April 15, 1994] ___ So.2d ___, 1994 Ala. LEXIS 23 (Ala. 1994); Parish v. State, 660 So. 2d 231 (Ala. 1994); and Gordon v. Nagle, 647 So. 2d 91 (Ala. 1994).

19950113

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