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EX PARTE HART

1910849.

612 So.2d 536 (1992)

Ex parte Gary Davis HART. (Re Gary Davis Hart II v. State).

Supreme Court of Alabama.

Rehearing Denied January 8, 1993.

Attorney(s) appearing for the Case

Ruth E. Friedman, Montgomery, for appellant.

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

KENNEDY, Justice.

Gary Davis Hart II was convicted of the capital offense of murder during a robbery in the first degree; § 13A-5-40(a)(2), Ala.Code 1975. Hart was given a bifurcated trial, in accordance with § 13A-5-43. After the punishment phase of the trial, the jury returned its advisory verdict recommending death, with 11 votes "for death" and 1 vote "for life without the possibility of parole." The trial court found that one statutory aggravating...

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