OPINION
LUMPKIN, Vice Presiding Judge:
Petitioner Alvie James Hale, Jr. has appealed to this Court from an order of the District Court of Pottawatomie County denying his application for post-conviction relief in Case No. CRF-83-348. A direct appeal of Petitioner's conviction was filed with this Court and the conviction and death sentence were affirmed. See Hale v. State,
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