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APICELLA v. STATE

CR-96-2285.

809 So.2d 841 (2000)

Andrew Anthony APICELLA v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand April 28, 2000.

Opinion on Return to Second Remand June 30, 2000.

Rehearing Denied August 25, 2000.

Attorney(s) appearing for the Case

Erskine R. Mathis, Birmingham, for appellant.

Bill Pryor, atty. gen., and Michelle Riley Stephens, asst. atty. gen., for appellee.

FRY, Judge.

In March 1995 the appellant, Andrew Anthony Apicella, was indicted by a Jefferson County grand jury for the offense of capital murder, a violation of § 13A-5-40(a)(10), Ala.Code 1975.1 On May 24, 1996, after a jury trial, Apicella was found guilty of capital murder as charged in the indictment. After a sentencing hearing, the jury, by a vote of eight to four, recommended that Apicella be sentenced to life imprisonment...

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