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EX PARTE BURGESS

1980810.

811 So.2d 617 (2000)

Ex parte Roy BURGESS, Jr. (In re Roy Burgess, Jr. v. State).

Supreme Court of Alabama.

July 21, 2000.

Attorney(s) appearing for the Case

Bryan A. Stevenson and J. Drew Colfax, Equal Justice Initiative of Alabama, Montgomery, for petitioner.

Bill Pryor, atty. gen.; and Michael B. Billingsley and Kathryn D. Anderson, asst. attys. gen., for respondent.

On Application for Rehearing

PER CURIAM.

The opinion of January 28, 2000, is withdrawn and the following is substituted therefor.

Roy Burgess, Jr., was convicted of capital murder for the death of Kevin Gardner, under § 13A-5-40(a)(2), Ala.Code 1975— murder made capital because it was committed during the course of a robbery in the first degree. Both Burgess and his victim were age 16...

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