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Gregory Knight v. State of Alabama.

WISE, Judge.

The appellant, Gregory Knight, was convicted of murdering his wife, Latisha Knight, while she was in a motor vehicle, an offense defined as capital by § 13A-5-40(a)(17), Ala. Code 1975. Knight was sentenced to death. He appealed his conviction and sentence to this Court. By opinion dated October 1, 2004, we affirmed Knight's capital-murder conviction, but we remanded the case for the circuit court to hold a new penalty-phase hearing and to enter a new sentencing order after weighing the appropriate aggravating circumstances and mitigating circumstances as we discussed in our opinion. Knight v. State, [Ms. CR-00-2694, October 1, 2004] ___ So.2d ___ (Ala.Crim.App. 2004). This case is now before this Court on return to remand.

The record on remand shows that the State chose not to pursue the death penalty. Knight voluntarily waived his right to a sentencing hearing before a jury. See § 13A-5-44, Ala. Code 1975. The circuit court then entered a new sentencing order and sentenced Knight to life imprisonment with the possibility of parole. Knight's sentence is now due to be, and it is hereby, affirmed.

AFFIRMED.

McMillan, P.J., and Cobb and Shaw, JJ., concur. Baschab, J., recuses herself.

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KNIGHT v. STATE, CR-00-2694 (Ala.Crim.App. 2-25-2005)
(Feb 25, 2005)