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GILMER v. STATE

CR-07-1077.

28 So.3d 26 (2009)

Vito GILMER v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

March 20, 2009.

Attorney(s) appearing for the Case

Thomas M. Goggans, Montgomery, for appellant.

Troy King, atty. gen., and Stephanie E. Reiland, asst. atty. gen., for appellee.

KELLUM, Judge.

The appellant, Vito Gilmer, was convicted of murder, a violation of § 13A-6-2, Code of Alabama 1975, and assault in the third degree, a violation of § 13A-6-22, Code of Alabama 1975. The circuit court sentenced Gilmer to 40 years' imprisonment for the murder conviction and to 1 year's imprisonment for the third-degree assault conviction; the sentences were to run concurrently. The court also ordered Gilmer to pay $5,500 in restitution, $75...

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