Smitherman v. State

The appellant, Robert Donald Smitherman, was indicted by a Montgomery County grand jury and was charged with murder in violation of § 13A-6-2 Alabama Code 1975. After a jury trial, the appellant was found guilty of the charged offense. A sentencing hearing was held on June 17, 1992, at which time, the trial court sentenced the appellant to life in prison and ordered the appellant to pay restitution, court costs and $100 to the Victims' Compensation Fund. The appellant filed a timely notice of appeal.

The appellant's trial and conviction resulted from the circumstances surrounding the shooting…