Burgans v. State

GIVAN, Chief Justice.

A jury trial resulted in a conviction of Murder and Felony Murder. The convictions were merged for sentencing purposes. In a subsequent hearing, the jury recommended that the death penalty not be imposed. Appellant was sentenced to a term of forty (40) years with an additional twenty (20) years for aggravating circumstances.

The facts are: In the late afternoon of February 5, 1985, appellant, accompanied by Phillip Lawless, walked to a nearby liquor store, purchased a pint of Dark Eyes Vodka, and consumed its contents. While walking, appellant and Lawless discussed…