Flowers v. State

WISE, Judge.

The appellant, Timothy Flowers, was convicted of capital murder for intentionally murdering Tommy Philyaw during the course of a kidnapping and a robbery, see §§ 13A-5-40(a)(1) and 13A-5-40(a)(2), Ala. Code 1975. The jury, by a vote of 10 to 2, recommended that Flowers be sentenced to death. The trial court accepted the jury’s recommendation and sentenced *942Flowers to death. This appeal, which is automatic in a case in which the death penalty has been imposed, followed.

The State’s evidence tended to show the following: On November 28, 2000, Ruby Welch and Brenda Owens1 reported to…