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STEVENS v. STATE

CR-99-0012.

784 So.2d 1074 (2000)

Malcolm Dewan STEVENS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 23, 2000.

Certiorari Denied September 1, 2000.

Attorney(s) appearing for the Case

Keith D. Preston, Birmingham, for appellant.

Bill Pryor, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.

Alabama Supreme Court 1991906.

BASCHAB, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM. NO OPINION.

LONG, P.J., and McMILLAN, J., concur; FRY, J., dissents, with opinion, which COBB, J., joins.

FRY, Judge, dissenting.

I respectfully disagree with the majority's holding in its unpublished memorandum that the state presented sufficient evidence to sustain Stevens's conviction for capital murder, a violation of § 13A-5-40(a)(17), Ala.Code...

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