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MASHBURN v. STATE

CR-06-0328.

7 So.3d 453 (2007)

Ellis Louis MASHBURN, Jr. v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand April 25, 2008.

Rehearing Denied June 13, 2008.

Certiorari Denied October 24, 2008 Alabama Supreme Court 1071307.

Attorney(s) appearing for the Case

Valarie Lynn Palmedo Goudie, Anniston, for appellant.

Troy King, atty. gen., and Peter J. Smyczek, asst. atty. gen., for appellee.

BASCHAB, Presiding Judge.

The appellant, Ellis Louis Mashburn, Jr., pled guilty to and was convicted of five counts of capital murder for the killings of Clara Eva Birmingham ("Eva") and Henry Owen Birmingham, Jr. ("Henry"). Count I charged him with the robbery-murder of Henry, see § 13A-5-40(a)(2), Ala.Code 1975; Count II charged him with the robbery-murder of Eva, see § 13A-5-40(a)(2), Ala.Code 1975; Count III charged him

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