Ex Parte Giles

Giles was initially convicted and sentenced to death in 1979; however, his conviction and sentence were overturned, and he was granted a new trial pursuant to our holding in Beck v.State, 396 So.2d 645 (Ala. 1980). Giles v. State, 405 So.2d 50 (Ala.Crim.App. 1981). His second trial resulted in a conviction and sentence of death also. The Court of Criminal Appeals affirmed, 554 So.2d 1073, and his petition for writ of certiorari was granted. We affirm the judgment of the Court of Criminal Appeals insofar as it affirmed the conviction, but reverse it insofar as it affirmed the sentence, and…