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McKINNIS v. STATE

CR-08-0592.

99 So.3d 1265 (2012)

Kenneth Adam McKINNIS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

June 29, 2012.

Attorney(s) appearing for the Case

C. Bruce Adams , Dothan; David Kenneth Hogg , Dothan; and Brandon Buskey and Bryan A. Stevenson , Montgomery, for appellant.

Troy King and Luther Strange , attys. gen., and Hallie Dixon (withdrew 02/08/2011), Kevin W. Blackburn (withdrew 02/08/2011), and Richard D. Anderson , asst. attys. gen., for appellee.

KELLUM, Judge.

Kenneth Adam McKinnis was convicted of murder made capital because it was committed during the course of a robbery, a violation of § 13A-5-40(a)(2), Ala.Code 1975. By a vote of 10-2, the jury recommended that McKinnis be sentenced to death. The trial court followed the jury's recommendation and sentenced McKinnis to death.

The evidence adduced at trial indicated the following. In the early morning hours

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