MONTIEL, Judge.
The appellant, Larry Randall Padgett, was convicted of capital murder for the intentional killing of his wife, Cathy Padgett, during her rape. § 13A-5-40(a)(3), Code of Alabama 1975. The jury, by a nine to three vote, recommended Padgett be sentenced to life in prison without parole, but the trial court overrode the jury's recommendation and sentenced the appellant to death.
The following facts are taken from the record. Padgett and his...
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