Robinson v. State

The appellant, Fredrico Robinson, was indicted on two counts of capital murder. Count I charged the appellant with the capital offense of murder committed during the course of a robbery. §13A-5-40(a)(2), Ala. Code 1975. Count II charged the appellant with the capital offense of murder committed by use of a deadly weapon while the victim was in a vehicle. § 13A-5-40(a)(17), Ala. Code 1975. The jury acquitted the appellant as to Count I and found him guilty of felony murder, a lesser included, offense of the capital murder charge in Count II. See §13A-6-2(a)(3), Ala. Code 1975. The appellant…