McDowell v. State

On July 7, 1997, Lavern Marcelus McDowell was indicted for murder, Ala. Code 1975, § 13A-6-2, by the grand jury of Mobile County. McDowell waived the reading of the indictment and pleaded not guilty. On December 8, 1997, the jury trial began, and on December 10, 1997, the jury found McDowell guilty as charged. On February 10, 1998, McDowell was sentenced to 40 years' imprisonment and was ordered to pay restitution, court costs, an amount to the victims compensation fund, and monies toward fees for his appointed attorney.

The evidence at trial established the following. On March 13, 1996,…