MADDOX, Justice.
The Court of Criminal Appeals, on August 20, 1999, affirmed the defendant Shelby Tyrone Hambrick Green's conviction, with an unpublished memorandum. Green v. State, (No. CR-98-1190), ___ So.2d ___ (Ala.1999)(table). We granted certiorari review to address this issue raised by the defendant:
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