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RILEY v. STATE

CR-06-1038.

48 So.3d 671 (2009)

David Dwayne RILEY, Jr. v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 22, 2010.

Certiorari Denied April 16, 2010 Alabama Supreme Court 1090601.

Attorney(s) appearing for the Case

Angela Setzer and Bryan A. Stevenson , Montgomery; and Curtis Michael Simpson , Florence, for appellant.

Troy King , atty. gen., and Richard D. Anderson , asst. atty. gen., for appellee.

WISE, Presiding Judge.

The appellant, David Dwayne Riley, Jr., was convicted of capital murder for the killing of Scott Michael Kirtley. The murder was made capital because he committed it during the course of a first-degree robbery or an attempt thereof, a violation of § 13A-5-40(a)(2), Ala.Code 1975. The jury unanimously recommended that Riley be sentenced to death. The trial court followed the jury's recommendation...

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