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495 So. 2d 742

Lingo v. State

Court of Criminal Appeals of Alabama

Decided September 9, 1986

Court of Criminal Appeals of Alabama · decided 1986-09-09

Relies on Harris v. State · Cherry v. State · Cherry v. State

Decided 1986-09-09

¶1AFTER REMANDMENT

BOWEN, Presiding Judge.

¶2The petitioner, Rickey Lingo, was. convicted of driving under the influence of alcohol in the Circuit Court of Houston County. He filed a petition for writ of error in the Alabama Court of Criminal Appeals, which was granted. This Court then reversed the petitioner’s conviction, 497 So.2d 858, on authority of our opinion in Cherry v. State, 491 So.2d 1001 (Ala.Cr.App.1985). That case was reversed by the Alabama Supreme Court in Cherry v. State, 491 So.2d 1003 (Ala.1986), which held that a court can take judicial notice of a magistrate’s signature on a uniform traffic ticket and complaint. Since the U.T.T.C. was properly verified, the judgment of the circuit court is affirmed.

¶3AFFIRMED.

All Judges concur.
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