PRESLEY v. STATE

CR-98-0853.

770 So.2d 104 (1999)

Marcus PRESLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 12, 1999.


Attorney(s) appearing for the Case

Franklin W. Neumann III, Birmingham, for appellant.

Bill Pryor, atty. gen., and A. Vernon Barnett IV, asst. atty. gen., for appellee.


LONG, Presiding Judge.

The appellant, Marcus Presley, was convicted of the capital offense of murder committed during a robbery in the first degree. See § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 12-0, recommended that Presley be sentenced to death. The trial court accepted the jury's recommendation and sentenced Presley to death by electrocution.

The State's evidence tended to show the following. At approximately 9:00 p.m. on May 18, 1996...

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