Ex Parte Singleton

On Application for Rehearing

This Court's opinion of December 7, 1984, is hereby withdrawn, and the following opinion is substituted in its place.

Cornelius Singleton, the defendant herein, was indicted and convicted for the murder of Sister Ann Hogan while robbing her, in violation of § 13-11-2 (a)(2), Ala. Code 1975 (repealed 1981).1 Defendant's first conviction was reversed and the case remanded for a new trial at 406 So.2d 1024 (Ala.Cr.App. 1981), on the authority of Beck v. Alabama, 447 U.S. 625,100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), on remand, 396 So.2d 645 (Ala. 1981); and Ritter v.…