WEST v. STATE

No. 94-DP-01200-SCT

725 So.2d 872 (1998)

Tracy Lee WEST v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied September 24, 1998.


Attorney(s) appearing for the Case

James L. Davis, III, Donald Smith, Gulfport, John Holdridge, New Orleans, LA, for Appellant.

Office of the Attorney General by Leslie Staehle Lee, for Appellee.

EN BANC.


BANKS, Justice, FOR THE COURT:

¶ 1. Tracy Lee West was convicted of capital murder and sentenced to death in August, 1994. Although we find no merit in any of the issues raised with regard to his conviction, we reverse his death sentence because his jury was not instructed that it could sentence him to life without parole.

I.

¶ 2. On December 15 or 16, 1992, Tracy West left Pulaski, Tennessee on a road trip along with two of his friends...

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