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EX PARTE GENTRY

1940471.

689 So.2d 916 (1996)

Ex parte Joseph Ward GENTRY. (Re Joseph Ward Gentry v. State).

Supreme Court of Alabama.

Rehearing Denied October 25, 1996.

Attorney(s) appearing for the Case

Randall S. Susskind, Montgomery; and William K. Delgrosso, Birmingham, for Petitioner.

Jeff Sessions, Atty. Gen., and Stephen N. Dodd, Asst. Atty. Gen., for Respondent.

ALMON, Justice.

This Court has granted the writ of certiorari as a matter of right to review the judgment of the Court of Criminal Appeals upholding Joseph Ward Gentry's capital murder conviction and death sentence. Rule 39(c), Ala. R.App. P. Gentry was convicted of the capital offense of murder committed during a burglary in the first degree, Ala. Code 1975, § 13A-5-40(a)(4). Our review concerns the scope of a defendant's "remaining unlawfully" in a dwelling...

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