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WHEAT v. STATE

No. CR-02-2171.

907 So.2d 458 (2004)

Donald Ray WHEAT v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 20, 2004.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Jeremy W. McIntire, asst. atty. gen., for appellee.

Submitted on appellee's motion only.

PER CURIAM.

The appellant, Donald Ray Wheat, was convicted of five counts of capital murder and was sentenced to death. The notice of appeal was filed with this Court on June 12, 2003.1 Judge Samuel Monk has filed a "Notice of Death" with this Court, in which he states:

"Please take notice that the above-named Defendant, whose case is currently on automatic appeal from a sentence of death and which case is temporarily before the...

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