Baker v. State

WISE, Presiding Judge.

The appellant, Bobby Baker, Jr., was convicted of capital murder for the killing of Tracy Baker.1 The murder was made capital because he committed it during the course of a first-degree kidnapping or an attempt thereof. See § 13A-5-49(a)(l), AIa.Code 1975. Baker was also convicted of first-degree assault, a violation of § 13A-6-20(a)(l), Ala.Code 1975, and discharging a firearm into an occupied dwelling, a violation of § 13A-ll-61(a), Ala. Code 1975. By a vote of 10-2, the jury recommended that he be sentenced to death on the conviction for capital murder. The trial…