LOTTINGER, Justice Ad Hoc.
This matter is before this court on a writ of habeas corpus.
In September of 1975 defendant Vernell Richardson was convicted of a first degree murder which occurred on August 5, 1973. Defendant was originally sentenced to death on October 21, 1975. In 1976 the death penalty provision of the 1973 First Degree Murder Statute was held unconstitutional. Roberts v. Louisiana,
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