Russo v. State

Victor Joseph Russo pleaded guilty to, and was convicted of, the robbery-homicides of Robert Allen Sparks and Billy Curtis Raymond, capital offenses as defined by §§ 13A-5-40(a)(2) and13A-5-40(a)(10), Code of Alabama 1975. In accordance with the plea bargain agreement, he was sentenced to life imprisonment without the possibility of parole.

I

Initially, Russo had gone to trial on a plea of not guilty. The jury found Russo guilty of two counts of capital murder and recommended imposition of the death penalty. However, on the date the trial court was to sentence Russo, the prosecutor informed the…