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EX PARTE STATE

No. 1031845.

907 So.2d 461 (2005)

Ex parte State of Alabama. (In re Donald Ray WHEAT). v. STATE of Alabama.

Supreme Court of Alabama.

January 7, 2005.

Attorney(s) appearing for the Case

Troy King, atty. gen., and J. Clayton Crenshaw and Jeremy W. McIntire, asst. attys. gen., for petitioner.

Valerie L. Goudie, Anniston, for respondent.

PER CURIAM.

Donald Ray Wheat was convicted of five counts of capital murder and was sentenced to death, based upon a plea of guilty. A notice of appeal was filed with the Court of Criminal Appeals on June 12, 2003.

On May 6, 2004, while his appeal was pending, Wheat died. After the trial court advised the Court of Criminal Appeals of Wheat's death, the Court of Criminal Appeals issued an opinion on June 18, 2004, remanding the case for the trial court to set...

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