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EX PARTE STATE

1061451.

987 So.2d 629 (2007)

Ex parte State of Alabama. (In re William Henry GATES v. STATE of Alabama).

Supreme Court of Alabama.

November 30, 2007.

Attorney(s) appearing for the Case

Troy King, atty. gen., and Stephanie N. Morman and J. Thomas Leverette, asst. atty. gen., for petitioner.

Submitted on petitioners's brief only.

Prior report: Ala.Crim.App., 987 So.2d 624.

BOLIN, Justice.

WRIT DENIED. NO OPINION.

COBB, C.J., and SEE, LYONS, and WOODALL, JJ., concur.

SMITH and MURDOCK, JJ., concur specially.

STUART and PARKER, JJ., dissent.

SMITH, Justice (concurring specially).

Alabama Code 1975, § 13A-5-9.1, provides for the retroactive application of Ala. Code 1975, § 13A-5-9. See Kirby v. State, 899 So.2d 968, 971 (Ala.2004). Pursuant to...

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