CLARK v. STATE

2 Div. 693.

585 So.2d 249 (1991)

Jesse Ellis CLARK v. STATE.

Court of Criminal Appeals of Alabama.

June 14, 1991.


Attorney(s) appearing for the Case

Thomas M. Goggans, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and Mary Elizabeth Culberson, Asst. Atty. Gen., for the State.


ON APPLICATION FOR REHEARING

McMILLAN, Judge.

This court's opinion of February 1, 1991, is withdrawn, and the following is substituted therefor.

The appellant was convicted of the capital offense of murder in the first degree during a burglary and, following a sentencing hearing, the jury recommended that he be sentenced to life imprisonment without parole, by a vote of 12 to 0. Thereafter, the trial court adopted the jury's recommendation and sentenced...

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