BOWEN, Judge.
The defendant was indicted in a two count indictment under the Alabama Death Penalty Act for "[a]ny murder committed by a defendant who has been convicted of murder in the first or second degree in the 20 years preceding the crime". Code of Alabama 1975, § 13-11-2(a)(13). Count one charged first degree murder with the prior conviction. Count two charged second degree murder with the prior conviction.
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