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GAVIN v. STATE

CR-99-1127.

891 So.2d 907 (2003)

Keith Edmund GAVIN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 14, 2003.

Attorney(s) appearing for the Case

Stephen P. Bussman, Fort Payne; and Steven G. Noles, Fort Payne, for appellant.

William H. Pryor, Jr., atty. gen., and Tracy Daniel and Andy Scott Poole, asst. attys. gen., for appellee.

SHAW, Judge.

The appellant, Keith Edmund Gavin, was convicted of two counts of capital murder in connection with the murder of William Clinton Clayton, Jr. The murder was made capital (1) because it was committed during the course of a robbery in the first degree, see § 13A-5-40(a)(2), Ala.Code 1975, and (2) because Gavin had been convicted of another murder within 20 years of the present murder, see § 13A-5-40(a)(13), Ala.Code 1975. Gavin was also convicted...

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