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EX PARTE HUTCHERSON

1931660.

677 So.2d 1205 (1996)

Ex parte Larry Eugene HUTCHERSON. (Re Larry Eugene Hutcherson v. State).

Supreme Court of Alabama.

February 23, 1996.

Attorney(s) appearing for the Case

Glenn Davidson, Mobile, for Petitioner.

James H. Evans and Jeff Sessions, Attys. Gen., and Gilda Branch Williams, Deputy Atty. Gen., for Respondent.

On Application for Rehearing

KENNEDY, Justice.

The opinion of December 8, 1995, is withdrawn, and the following opinion is substituted therefor.

Larry Eugene Hutcherson was convicted of murder made capital because it was committed during the course of robbery and sodomy. See § 13A-5-40(a)(3) and -(a)(4), Ala.Code 1975. The jury voted 11 to 1 to recommend the death penalty. The trial court accepted the jury's recommendation and sentenced...

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