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BENTLEY v. STATE

CR-02-0263.

904 So.2d 351 (2004)

Jeremy Shawn BENTLEY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 30, 2004.

Attorney(s) appearing for the Case

Lila V. Cleveland, Mobile, for appellant.

William H. Pryor, Jr., atty. gen., and J. Thomas Leverette, asst. atty. gen., for appellee.

COBB, Judge.

Jeremy Shawn Bentley was convicted of murder during the course of a kidnapping, § 13A-5-40(a)(1), Ala.Code 1975, and murder during the course of a robbery, § 13A-5-40(a)(2), Ala.Code 1975, for his participation in the killing of Jamie Tolbert. Bentley was sentenced to life imprisonment without parole. This appeal followed. We reverse and remand.

At issue in this case is whether the trial court had the authority, sua sponte and over repeated...

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