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THOMAS v. STATE

CR-96-0876.

824 So.2d 1 (1999)

Billy Jack THOMAS v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand June 30, 2000.

Opinion on Return to Second Remand October 26, 2001.

Opinion on Denial of Rehearing December 21, 2001.

Attorney(s) appearing for the Case

W. Lloyd Copeland, Mobile; T. Jefferson Deen III, Mobile; and W. Gregory Hughes, Mobile, for appellant.

Bill Pryor, atty. gen.; and Sandra J. Stewart, Michelle Riley Stephens, A. Vernon Barnett IV, and Thomas E. Harrison, asst. attys. gen., for appellee.

PATTERSON, Retired Appellate Judge.

The appellant, Billy Jack Thomas, appeals from his convictions for the capital offenses of murder of B.W.L. during a rape in the first degree, § 13A-5-40(a)(3), Code of Alabama 1975 (charged in Count I of the indictment) and of murder of B.W.L. during a burglary in the first degree, § 13A-5-40(a)(3). The jury unanimously recommended death on Thomas's conviction under Count I and recommended, by a vote of 10 to 2, death...

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