Beverly v. State

The defendant was indicted and convicted for the capital offense involving the intentional killing and robbery of Scott Deroo. Sentence was life imprisonment without parole.

The defendant was indicted under Section 13A-5-31 (a)(2), Alabama Code 1975, defining the capital offense of "(r)obbery or attempts thereof when the victim is intentionally killed by the defendant." The jury found the defendant "guilty of robbery in which the victim, Scott Deroo, was intentionally killed." The defendant was not indicted and convicted under what is now Section 13A-5-40 (a)(2), defining the capital offense…