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EX PARTE OWENS

85-1008.

531 So.2d 21 (1987)

Ex parte Charles Edward OWENS (Re: Charles Edward Owens v. State of Alabama).

Supreme Court of Alabama.

March 27, 1987.

Attorney(s) appearing for the Case

Michael J. Bellamy, Phenix City, for petitioner.

Don Siegelman, Atty. Gen., and Beth Slate Poe, Asst. Atty. Gen., for respondent.

On Application for Rehearing

SHORES, Justice.

Our opinion of January 9, 1987, is withdrawn and the following is substituted for it.

Charles Owens was convicted of murdering Rebecca Heath during a kidnapping in the first degree, in violation of Code 1975, § 13A-5-40(a). He was sentenced to death by electrocution. Pursuant to Rule 39(c), A.R.A.P., the defendant's petition for certiorari was granted as a matter of right.

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