Gaston v. State

JOINER, Judge.

*396Jovon Dwayne Gaston was convicted of murder made capital because it was committed during a kidnapping, see § 13A-5-40(a)(1), Ala. Code 1975, and during a robbery, see § 13A-5-40(a)(2), Ala. Code 1975. During the penalty phase of Gaston's trial, the jury recommended by a vote of 10 to 2 that Gaston be sentenced to death. The circuit court followed the jury's recommendation, finding that the aggravating circumstances outweighed the mitigating circumstances in his case, and sentenced Gaston to death. This appeal, which is automatic in a case involving the death penalty, followed.…