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HESTER v. STATE

CR-90-1738.

608 So.2d 420 (1992)

William S. HESTER v. STATE.

Court of Criminal Appeals of Alabama.

June 26, 1992.

Attorney(s) appearing for the Case

Charles C. Hart, Gadsden, for appellant.

James H. Evans, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.

ON RETURN TO REMAND

PATTERSON, Presiding Judge.

On original submission, we remanded this case to the trial court, instructing it to hold a new sentencing hearing to determine whether the state could "prove by a preponderance of the evidence that the sale occurred within a three-mile radius of a school or a public housing project." Hester v. State, 597 So.2d 1307 (Ala.Cr.App.

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