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PAYNE v. STATE

CR-97-2503.

791 So.2d 383 (1999)

Max Landon PAYNE v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand February 25, 2000.

Rehearing Denied April 21, 2000.

Attorney(s) appearing for the Case

Bruce D. Nestor, Iowa City, Iowa; and Ellen L. Wiesner, Brookfield, Wisconsin, for appellant.

Bill Pryor, atty. gen., and Kathryn D. Anderson, asst. atty. gen., for appellee.

FRY, Judge.

The appellant, Max Landon Payne, appeals from the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. In 1994, Payne was convicted of two counts of intentional murder committed during a kidnapping (§ 13A-5-40(a)(1), Ala.Code 1975) and one count of intentional murder during a robbery in the first degree (§ 13A-5-40(a)(2), Ala.Code 1975). In accordance with §§ 13A-5-45 and -46, a sentencing hearing...

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