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SIMMONS v. STATE

CR-97-0768.

797 So.2d 1134 (1999)

Clarence Leland SIMMONS v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand April 28, 2000.

Opinion on Return to Second Remand June 30, 2000.

Rehearing Denied September 25, 2000.

Attorney(s) appearing for the Case

J.T. Simonetti, Jr., Birmingham, for appellant.

Bill Pryor, atty. gen., and A. Vernon Barnett IV, asst. atty. gen., for appellee.

FRY, Judge.1

On August 2, 1996, a Jefferson County grand jury returned an indictment charging the appellant, Clarence Leland Simmons, with three counts of capital murder. Count I of the indictment charged Simmons with the capital offense of murder committed during the course of a burglary, § 13A-5-40(a)(4), Ala.Code 1975. Count II of the indictment charged Simmons with the capital offense of murder committed during the course of a...

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