Smith v. State

GIVAN, Chief Justice.

Appellant was charged with Murder and Felony Murder. He was also charged with being an Habitual Offender. In a trifur-cated hearing, before a jury, appellant was found guilty of both Murder and Felony Murder. In a subsequent hearing the jury recommended the imposition of the death penalty. In the last hearing the jury found appellant to be an Habitual Offender. The trial court imposed the death penalty.

The facts are: At about 4:00 P.M. on December 10, 1982, Phillip Lee borrowed the car of his girlfriend, Carolyn Lamb. *1141He was joined in the car by appellant and a second…