On Application for Rehearing
BOLIN, Justice.
This Court's opinion of February 6, 2009, is withdrawn, and the following is substituted therefor.
On May 14, 2003, George Fidel Martinez was convicted of intentional murder, a violation of § 13A-6-2, Ala.Code 1975, and was sentenced to 30 years' imprisonment. Martinez appealed, and the Court of Criminal
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