Tolbert v. State

The appellant, Tory Tolbert, pleaded guilty to capital murder, in violation of § 13A-5-40(a)(2), Code of Alabama 1975, and the jury returned a verdict finding him guilty as charged in the indictment. He was sentenced to life in prison without parole.

The only issue raised on appeal is that the trial court erred by denying the appellant's motion to dismiss the indictment. The appellant was originally charged in juvenile court by two petitions, one of which charged him with noncapital murder and the other with theft of an automobile.1 In certifying the appellant to be tried in the circuit court,…