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SMITH v. STATE

No. CR-95-0093.

756 So.2d 892 (1997)

Ronald Bert SMITH, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand April 3, 1998.

Rehearing Denied May 29, 1998.

Attorney(s) appearing for the Case

Michael Lawrence Fees, Huntsville; Jackie D. Ferguson, Huntsville; Richard A. Kempaner, Huntsville; and Charles H. Pullen, Huntsville, for appellant.

Bill Pryor, atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

BASCHAB, Judge.

The appellant, Ronald Bert Smith, Jr., was convicted of the murder of Casey Wilson. The murder was made capital because it occurred during a robbery in the first degree or an attempted robbery, see § 13A-5-40(a)(2), Code of Alabama 1975. He was sentenced to death.

Smith appeals from this conviction and sentence, raising 22 issues. However, because we are remanding this cause to the trial court for a hearing on two issues, we forgo...

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