State v. McIlvoy

WELLIVER, Judge.

Appellant was convicted of capital murder, § 565.001, RSMo 1978,1 and sentenced to death pursuant to § 565.008.1. Jurisdiction for original appeal to this Court is by virtue of Mo.Const. art. V, § 3. In addition to our review for error, the Court will review the death sentence as mandated by § 565.014. We affirm appellant’s convic*335tion for capital murder and remand the case for resentencing consistent with this opinion.

In a separate case, Vicky Williams was tried for the same crime, found guilty of capital murder, and was sentenced by the jury to life imprisonment without…