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ELLIS v. STATE

CR-95-0429.

705 So.2d 843 (1996)

David Joseph ELLIS v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand September 27, 1996.

Opinion on Rehearing on Second Return to Remand April 18, 1997.

Opinion on Third Return to Remand August 22, 1997.

Attorney(s) appearing for the Case

James McKoon, Jr., Phenix City, for appellant.

Jeff Sessions, atty. gen., and Joseph Marston III, asst. atty. gen., for appellee.

Jeff Sessions and Bill Pryor, attys. gen., and Joseph G.L. Marston III, asst. atty. gen., for appellee (on rehearing of second return to remand and on third return to remand).

PATTERSON, Judge.

David Joseph Ellis appeals from his conviction for the unlawful distribution of cocaine. Ellis was convicted by a jury, and was sentenced to 10 years' imprisonment, assessed $100 (to be paid to the Alabama Crime Victims Compensation Commission), and fined $1000. This sentence was suspended upon Ellis's agreement to enroll in rehabilitation program at his own expense. Ellis raises one issue on appeal, and that issue is without merit. The state, however...

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