Witherspoon v. State

WISE, Presiding Judge.

The appellant, Jamie Marcus Wither-spoon, was convicted of felony murder for the murder of Eric Baggett, a violation of § 13A-6-2(a)(3), Ala.Code 1975, and first-degree robbery, a violation of § 13A-8-41(a)(1), Ala.Code 1975. The trial court sentenced him to serve concurrent terms of thirty-five years in prison. Wither-spoon filed a motion for a new trial, which the trial court denied after conducting a hearing. This appeal followed.

Jack Mohamed Musaed testified that, on December 29, 2005, he was working at the Raceway service station on McFarland Boulevard in…