WILLIAMS, Judge.
Defendant, Reginald Magee, was indicted on March 2, 1988, along with Charles McPherson, Marlon Lawson and Larry Rudolph, for the first degree murder of Michael Howard. Defendant pled not guilty to the charge. On October 6, 1989, defendant's charge was severed from the others. From October 18 through 21, 1989, he was tried by a jury of twelve. Thereafter, he was found guilty as charged. Following the sentencing phase of trial, the jury could not reach...
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