Holmes v. State

GIVAN, Justice.

Appellant was tried by jury and convicted of two counts of Murder and one count of Attempted Robbery. The State sought the death penalty in this case; however, the jury recommended against its imposition. Appellant received sixty (60) years for each Murder count and twenty (20) years for Attempted Robbery, the terms to run consecutively.

The facts are: On August 25, 1992, nine-year-old Katie Holmes and her three-year-old brother David were at home watching television with their parents, Michael and Linda Holmes, when their brother, appellant, entered the home armed with a .22…