Morton v. State

*1083 On Second Application for Rehearing

KELLUM, Judge. ■

On August 30, 2013, this Court affirmed Everett Bernard Morton’s conviction for one count of attempted murder, see § 13A-6-2 and § 13A-4-2, Ala.Code 1975, but reversed Morton’s conviction for murder made capital because it was committed by or through the use of a deadly weapon while the victim was inside a vehicle, see § 13A-5-40(a)(17), Ala.Code 1975, on the ground that the trial court had erred in not instructing the jury on felony murder as a lesser-included offense of the capital charge. See Morton v. State, 154 So.3d 1065…