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WIMBERLY v. STATE

CR-99-1241.

934 So.2d 411 (2005)

Shaber Chamond WIMBERLY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand August 26, 2005.

Rehearing Denied October 21, 2005.

Certiorari Denied January 20, 2006.

Attorney(s) appearing for the Case

Michael Crespi, Dothan, for appellant.

William H. Pryor, Jr. and Troy King, attys. gen.; Margaret Mary (Missy) Fullmer, deputy atty. gen.; and Michael B. Billingsley and Corey L. Maze, asst. attys. gen., for appellee.

Alabama Supreme Court 1050191.

McMILLAN, Presiding Judge.

The appellant, Shaber Chamond Wimberly, was convicted of two counts of capital murder for murdering Mary Spivey during the course of a robbery and a burglary. See §§ 13A-5-40(a)(2) and (a)(4), Ala.Code 1975. The jury recommended, by a vote of 10 to 2, that Wimberly be sentenced to death. The circuit court sentenced Wimberly to death.1

The State's evidence...

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