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STATEN v. STATE

CR-90-934.

622 So.2d 1319 (1992)

Cheri Ann STATEN, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 27, 1992.

Attorney(s) appearing for the Case

Cecil M. Matthews, Guntersville, for appellant.

James H. Evans, Atty. Gen., and J. Randall McNeill, Asst. Atty. Gen., for appellee.

MONTIEL, Judge.

The appellant was indicted for attempted kidnapping in the first degree, in violation of § 13A-4-2, Code of Alabama 1975. She pleaded guilty to second degree kidnapping but reserved her right to appeal the trial court's denial of her motion to dismiss, based on the ground of double jeopardy. The appellant contends that her prior conviction for assault in the third degree bars her subsequent prosecution for attempted kidnapping because the State...

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