Smith v. State

BURKE, Judge.

Marqueze Taron Smith was convicted of two counts of murder made capital because the murder was committed during a kidnapping in the first degree or an attempt thereof, see § 13A-5-40(a)(1), Ala.Code 1975, and because the murder was committed during a robbery in the first degree or an attempt thereof, see § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Smith be sentenced to death. - The trial court followed the jury’s recommendation and sentenced Smith to death. Smith appeals his convictions and his sentences.

Facts

At trial, the State set forth…