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WHATLEY v. STATE

CR-08-0696.

146 So.3d 437 (2010)

Donald Dwayne WHATLEY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand December 16, 2011.

Rehearing Denied April 20, 2012.

Certiorari Denied January 17, 2014 Alabama Supreme Court 1110953.

Attorney(s) appearing for the Case

Glenn L. Davidson , Mobile; and Alicia A. D'Addario and Randall S. Susskind , Montgomery, for appellant.

Troy King and Luther Strange , attys. gen., and Stephanie E. Reiland , asst. atty. gen., for appellee.

WISE, Presiding Judge.

The appellant, Donald Dwayne Whatley, was convicted of capital murder for the killing of Pravinbhai Patel. The murder was made capital because he committed it during the course of a first-degree robbery, see § 13A-5-40(a)(2), Ala.Code 1975. By a vote of 10-2, the jury recommended that Whatley be sentenced to death. The trial court accepted the jury's recommendation and sentenced him to...

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