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HART v. STATE

CR-89-722.

612 So.2d 520 (1992)

Gary Davis HART II v. STATE.

Court of Criminal Appeals of Alabama.

February 28, 1992.

Attorney(s) appearing for the Case

Ruth E. Friedman, Montgomery, and Donald C. Partridge, Mobile, for appellant.

James H. Evans, Atty. Gen., and Melissa G. Math and P. David Bjurberg, Asst. Attys. Gen., for appellee.

ON APPLICATION FOR REHEARING

TAYLOR, Judge.

The opinion previously issued in this case is hereby withdrawn and the following opinion substituted therefor.

The appellant, Gary Davis Hart II, was found guilty of murder made capital because it was committed during the course of a robbery in the first degree. See § 13A-5-40(a)(2), Code of Alabama 1975. The jury, by a vote of 11 to 1, recommended the death penalty. The trial court accepted the jury...

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