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Killen v. State8/30/2002
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Cobb, J., concurs. McMillan, P.J., and Shaw, J., concur in the result. Baschab, J., concurs in part and dissents in part, with opinion.
BASCHAB, Judge, concurring in part and dissenting in part.
I concur to affirm the appellant's convictions and his sentences on the DUI and speeding convictions. However, the fine the trial court imposed on the appellant's conviction for operating a commercial vehicle without maintaining a record of his duty status for each 24 hour period is less than the minimum required by law. Section 32-9A-4, Ala. Code 1975, provides, in pertinent part:
"Any person violating this chapter shall be guilty of a misdemeanor and punished by a fine of not less than twenty- five dollars ($25) nor more than two thousand dollars ($2,000) for each offense."
Because the $20 fine the trial court imposed was below the jurisdictional minimum, we should remand this case to the trial court for that court to impose a fine that is within the range provided by §32-9A-4, Ala. Code 1975. Accordingly, I respectfully concur in part and dissent in part.
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