Berryhill v. State

On Application for Rehearing

This court's opinion of April 18, 1997, is withdrawn, and the following is substituted therefor.

The appellant, Jason Roger Berryhill, was convicted of two counts of murder made capital (1) because the murder was committed during the course of a burglary in the first degree, see §13A-5-40 (a) (4), Ala. Code 1975, and (2) because the murder was committed during the course of a robbery in the first degree, see § 13A-5-40 (a) (2). The jury recommended a sentence of life imprisonment without parole, and the trial court accepted the jury's recommendation.

I

Berryhill first…