Court of Criminal Appeals of Alabama August 30, 2013, CR-10-1579 (Morton v. State)

On Application for Rehearing

KELLUM, Judge.

The opinion issued on November 2, 2012, is withdrawn and the following opinion is substituted therefor.

The appellant, Everett Bernard Morton, was convicted of one count of murder made capital because it was committed by or through the use of a deadly weapon while the victim was inside a vehicle, a violation § 13A-5-40(a)(17), Ala.