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EX PARTE GILLENTINE

1051370.

980 So.2d 966 (2007)

Ex parte Tommy J. GILLENTINE. (In re State of Alabama v. Tommy J. Gillentine).

Supreme Court of Alabama.

September 6, 2007.

Attorney(s) appearing for the Case

Tommy J. Gillentine, pro se.

Troy King, atty. gen., and Andy S. Poole and Jack W. Willis, asst. attys. gen., for respondent.

PETITION FOR WRIT OF MANDAMUS

SMITH, Justice.

Tommy J. Gillentine filed this petition for a writ of mandamus directing the Marion Circuit Court to enter an order dismissing the capital-murder charges against him and allow him to be prosecuted only for the lesser offense of manslaughter. Because the jury at Gillentine's first trial, at which he had been charged with capital murder, found him guilty of the lesser offense of reckless manslaughter, the State...

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