KELLUM, Judge.
The appellant, Patrick Napolean Smith, was convicted of one count of murder made capital because it was committed during a first-degree robbery, see § 13A-5-40(a)(2), Ala.Code 1975, and one count of murder made capital because it was committed during a first-degree kidnapping, see § 13A-5-40(a)(1), Ala.Code 1975. The jury voted 8 to 4 in favor of life imprisonment, and the trial court sentenced Smith to life imprisonment without the possibility...
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