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Boggan v. State

Court of Criminal Appeals of Alabama
Aug 4, 1981
403 So. 2d 328 (Ala. Crim. App. 1981)

Opinion

6 Div. 61.

August 4, 1981.

Appeal from Circuit Court, Jefferson County; Charles M. Nice, Judge.

James S. Garrett of Vincent, Garrett Hasty, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.


Robbery when the victim was intentionally killed by the defendant — § 13-11-2 (a), Code of Ala. 1975; sentence: life without parole.

On February 2, 1979, appellant was found guilty of the September 12, 1978, robbery and intentional killing of his ninety-nine-year-old aunt, Penny Williams. On March 22, 1976, at his sentencing hearing, the trial judge commuted appellant's sentence to life without parole.

We pretermit discussion of appellant's issues raised on appeal as this cause is governed by the recent decisions of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980); Ex parte Wayne Eugene Ritter, 403 So.2d 154 (Ala. 1981); Cook v. State (Ala.Cr.App. 1981) [6 Div. 561, Ms. June 23, 1981]; and Lane v. State (Ala.Cr.App. 1981) [7 Div. 842, Ms. June 23, 1981].

Under the authorities hereinabove cited, this cause is reversed and remanded for a new trial.

REVERSED AND REMANDED.

All the Judges concur.


I respectfully dissent for reasons stated in my dissent in Cook, supra.


Summaries of

Boggan v. State

Court of Criminal Appeals of Alabama
Aug 4, 1981
403 So. 2d 328 (Ala. Crim. App. 1981)
Case details for

Boggan v. State

Case Details

Full title:Jerry Wayne BOGGAN v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Aug 4, 1981

Citations

403 So. 2d 328 (Ala. Crim. App. 1981)

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