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MARSHALL v. STATE

CR-05-1035.

992 So.2d 762 (2007)

William Bruce MARSHALL v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 14, 2007.

Certiorari Denied April 25, 2008 Alabama Supreme Court 1070461.

Attorney(s) appearing for the Case

William M. Dawson, Jr., Birmingham; and Stephen Cochran Wallace, Birmingham, for appellant.

Troy King, atty. gen., and Kevin W. Blackburn, asst. atty. gen., for appellee.

WELCH, Judge.

William Bruce Marshall was convicted of two counts of capital murder for the killing of Alicia Nicole Bentley: one count of murder made capital because it occurred during a burglary, § 13A-5-40(a)(4), Ala.Code 1975, and one count of murder made capital because it occurred while Marshall, who was over the age of 19 years, sexually abused or attempted to sexually abuse Alicia, who was between the ages of 12 and 16 years,1

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