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PRESLEY v. STATE

No. CR-03-0786.

978 So.2d 63 (2005)

Marcus PRESLEY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

February 25, 2005.

Attorney(s) appearing for the Case

Richard Izzi, Birmingham; and Denise Young, Tucson, Arizona, for appellant.

Troy King, atty. gen., and Stephen Shows, asst. atty. gen., for appellee.

COBB, Judge.

Marcus Presley appeals from the summary dismissal of the petition he filed pursuant to Rule 32, Ala. R.Crim. P., seeking relief from his capital-murder conviction and sentence of death. We reverse in part and remand for further proceedings.

Presley was convicted for murder made capital because it was committed during a robbery or an attempted robbery, § 13A-5-40(a)(2), Ala.Code 1975. On direct appeal, we affirmed the conviction and sentence...

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