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FRANKLIN v. STATE

4 Div. 357.

502 So.2d 821 (1986)

Randy FRANKLIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 9, 1986.

Attorney(s) appearing for the Case

Michael S. Jazwinski of Prestwood, Prestwood, Sansom & Jazwinski, Andalusia, for appellant.

Charles A. Graddick, Atty. Gen. and P. David Bjurberg, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

Randy Franklin was convicted of arson in the second degree, a violation of § 13A-7-42(a), Code of Alabama 1975, and sentenced to ten years' imprisonment. The building that was burned was set on fire twice, once on the night of December 19, 1983, and then again on the morning of December 22, 1983. The appellant requested the prosecution to choose which fire he was being charged with having set. The prosecutor responded by stating that he was proceeding...

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