Wiggins v. State

BURKE, Judge.

The appellant, David H. Wiggins, was convicted of murdering Kyle Cavins during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(2), Ala.Code 1975, and for robbing Jonathan Beasley, a violation of § 13A-8-41, Ala.Code 1975. The jury recommended, by a vote of 10 to 2, that Wiggins be sentenced to death for the capital-murder conviction. The circuit court followed the jury’s recommendation *773and sentenced Wiggins to death for the capital-murder conviction and to life imprisonment for the robbery conviction. This appeal followed.

The State’s evidence tended to…