State of Alabama v. Steven Lewis Finley
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REL:02/01/2008 Finley Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2007-2008 _________________________ CR-06-1310 _________________________ State of Alabama v. Steven Lewis Finley Appeal from Montgomery Circuit Court (CC-06-986) On Application for Rehearing SHAW, Judge. APPLICATION FOR REHEARING OVERRULED. McMillan and Welch, JJ., concur. dissents, adheres to original writing. with opinion. Baschab, P.J., Wise, J., dissents, CR-06-1310 WISE, Judge, dissenting. Although I concurred in this Court's original unpublished memorandum in this case, issued on November 2, 2007, I was deeply troubled by our holding. Upon careful consideration of the State's application for rehearing and the accompanying brief, together with Judge Baschab's dissent to the unpublished memorandum, I am persuaded that this Court's original decision was incorrect. Therefore, I must respectfully dissent from the denial of rehearing for the reasons set forth in my dissent from the denial of rehearing in State v. Clemons, [Ms. CR-05-1950, February 1, 2008] ___ So. 2d ___, ___ (Ala.Crim.App. 2007) (on application for rehearing) (Wise, J., dissenting). 2
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