State v. Tucker

Moore, Justice:

Appellant was convicted of murder, first-degree burglary, first-degree criminal sexual conduct, kidnapping, and larceny and sentenced to death. We affirm.

FACTS

The victim, seventy-nine-year-old Carrie Alley, was sexually assaulted, beaten, and strangled in her home. During the sentencing phase, appellant admitted he broke into Mrs. Alley’s house and killed her. Appellant raises only sentencing issues on appeal.

ISSUES

1) Did the trial judge err in refusing to instruct the jury that appellant would not be eligible for parole for thirty years if sentenced to life?

2) Did the trial…