ENGLAND, Justice.
The Court of Criminal Appeals affirmed the defendant's conviction, without an opinion, on April 30, 1999. Keeton v. State, (No. CR-98-0385) 768 So.2d 1026 (Ala.Crim.App.1999) (table). We granted certiorari review. The legal issue presented in this case is the same as that presented in Ex parte Parker,
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