DRINKARD v. STATE

CR-95-0055.

777 So.2d 225 (1998)

Gary DRINKARD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 15, 1999.


Attorney(s) appearing for the Case

Britt Cauthen, Decatur; Kimberly J. Dobbs-Ramey, Decatur; and Randall Scott Susskind, Montgomery, for appellant.

Bill Pryor, atty. gen., and Michael B. Billingsley, asst. atty. gen., for appellee.


BROWN, Judge.

The appellant, Gary Drinkard, was convicted of the offense of murder made capital because it was committed during a robbery in the first degree, see § 13A-5-40(a)(2), Code of Alabama 1975. He waived his right to a sentencing hearing before the jury that convicted him. Following a sentencing hearing before the trial court, the appellant was sentenced to death.

In its sentencing order, the trial court set out the following findings of fact...

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