State v. Ortiz

ZIMMERMAN, Justice:

¶ 1 These two cases come before us on interlocutory appeal. They have been consolidated for decision. Defendants Paul C. Allen and Wally F. Ortiz are both charged with capital murder under section 76-3-207(4) of the Code. Both allegedly committed these crimes at a time when one convicted of a capital felony and not sentenced to death was to be sentenced to life in prison with the possibility of parole unless the jury could agree unanimously that life without the possibility of parole was the appropriate sentence. After the crimes with which Allen and Ortiz are charged were…