COBB, Judge.
Antonio Dewan Russell was convicted of murder made capital because it occurred during the course of committing a theft, see § 13A-5-40(a)(2), Ala.Code 1975. Russell was tried before a jury on the charge of capital murder based on the allegation that on April 4, 1995, he shot and killed Betty Daniel Huckeba during an armed robbery of Huckeba's Flea Market, located in Opelika.
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