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EX PARTE DRINKARD

1980662.

777 So.2d 295 (2000)

Ex parte Gary DRINKARD. (Re Gary Drinkard v. State).

Supreme Court of Alabama.

April 21, 2000.

Attorney(s) appearing for the Case

Randall S. Susskind, Equal Justice Initiative of Alabama, Montgomery; Kim Dobbs-Ramey, Decatur; and Britt Cathen, Decatur, for petitioner.

Bill Pryor, atty. gen., and Michael B. Billingsley, asst. atty. gen., for respondent.

On Application for Rehearing

HOOPER, Chief Justice.

The opinion of November 19, 1999, is withdrawn and the following opinion is substituted therefor.

A jury convicted Gary Drinkard of murder made capital because it was committed during a robbery in the first degree. Ala. Code 1975, § 13A-5-40(a)(2). Drinkard waived his right to a sentencing hearing before the jury. At his sentencing hearing before the judge, Drinkard spoke in his own...

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