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794 So. 2d 1244

Middleton v. State

Court of Criminal Appeals of Alabama

Decided December 1, 2000

Court of Criminal Appeals of Alabama · decided 2000-12-01

Decided 2000-12-01

¶1On Application for Rehearing

FRY, Judge.

¶2UNPUBLISHED MEMORANDUM OF SEPTEMBER 29, 2000, WITHDRAWN; AFFIRMED BY SUBSTITUTED UNPUBLISHED MEMORANDUM; APPLICATION FOR REHEARING OVERRULED.

McMILLAN, J., concurs; BASCHAB, J., concurs specially; LONG, P.J., joins special concurrence; COBB, J., recuses herself.
BASCHAB, Judge,

¶3concurring specially.

¶4Although I agree with the majority’s memorandum in this case, I feel compelled to write specially to express my concern about the punishment provisions set forth in § 22-27-7, Ala.Code 1975. In this regard, I question whether the Legislature *1245intended for an individual to be subjected to such a seemingly excessive fine; whether it intended for the fine to be imposed for the time of noncompliance or after a court has found that a violation exists; whether it truly intended for a violation to constitute a misdemeanor; what it meant when it referred to a “continuing” violation; and whether, in cases of continuing violations, it intended for each day’s violation to constitute a separate misdemeanor offense. Therefore, I urge the Legislature to reexamine this statute and to make its intent regarding punishment clear.

¶5LONG, P.J., concurs.

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