BOWEN, Presiding Judge.
The appellant, Henry Starks, was indicted for the capital offense of murder during a robbery, as defined in Ala.Code 1975, § 13A-5-40(a)(2). In 1989, the appellant was convicted and sentenced to death. That conviction and sentence were reversed on appeal due to erroneous jury instructions and other errors in the trial proceedings. Starks v. State,
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