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JOHNSON v. STATE

7 Div. 345.

473 So.2d 607 (1985)

Kenneth Earl JOHNSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 23, 1985.

Certiorari Denied June 28, 1985.

Attorney(s) appearing for the Case

George N. Sims, Talladega, for appellant.

Charles A. Graddick, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 84-772.

BOWEN, Presiding Judge.

Kenneth Earl Johnson was indicted and convicted for the capital offenses of murder during a robbery [Ala. Code 1975, § 13A-5-40(a)(2)] and murder during a burglary [§ 13A-5-40(a)(4)]. The trial court rejected the jury's recommendation of death and sentenced Johnson to life imprisonment without parole, finding that the jury's recommendation was the result of either "a lack of understanding or an...

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