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DANIELS v. STATE

CR-08-0760.

35 So.3d 7 (2009)

Marvin Lee DANIELS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

October 9, 2009.

Attorney(s) appearing for the Case

Glenn L. Davison, Mobile, for appellant.

Troy King, atty. gen., and Madeline H. Lewis, asst. atty. gen., for appellee.

WELCH, Judge.

On September 21, 2009, this Court issued an order setting aside its August 28, 2009, opinion in this case. The following opinion replaces that opinion.

A Mobile County grand jury charged Marvin Lee Daniels in case no. CC-08-775 with one count of rape, first degree, a violation of § 13A-6-61(a)(1), Ala.Code 1975; in case no. CC-08-776 with burglary, second degree, a violation of § 13A-7-6(b), Ala.Code 1975; and in cases no. CC-08-851...

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