
    Hillard M. MIDDLETON v. STATE.
    CR-99-0822.
    Court of Criminal Appeals of Alabama.
    Dec. 1, 2000.
    Certiorari Denied March 16, 2001 Alabama Supreme Court 1000536.
    James Grady Curenton, Jr., Fairhope, for appellant.
    Bill Pryor, atty. gen., and Sandra J. Stewart, asst. atty. gen., for appellee.
   On Application for Rehearing

FRY, Judge.

UNPUBLISHED MEMORANDUM OF SEPTEMBER 29, 2000, WITHDRAWN; AFFIRMED BY SUBSTITUTED UNPUBLISHED MEMORANDUM; APPLICATION FOR REHEARING OVERRULED.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

concurring specially.

Although 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 intended 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.

LONG, P.J., concurs.  