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HODGES v. STATE

CR-98-1988.

856 So.2d 875 (2001)

Melvin Gene HODGES v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand October 26, 2001.

Rehearing Denied December 14, 2001.

Attorney(s) appearing for the Case

Floyd L. Likins, Jr., Opelika, for appellant.

William H. Pryor, Jr., atty. gen., and James R. Houts and A. Vernon Barnett IV, asst. attys. gen., for appellee.

COBB, Judge.

Melvin Gene Hodges was convicted of murdering Beth Seaton during the course of a robbery, a violation of § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 8 to 4, recommended that Hodges be sentenced to life imprisonment without the possibility of parole. The trial court did not follow the jury's recommendation; it sentenced Hodges to death by electrocution. See § 13A-5-47(e), Ala.Code 1975.1

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