Lynch v. State

ON REMAND FROM THE ALABAMA SUPREME COURT

PATTERSON, Judge.

On February 23, 1989, the appellant, Robert Lynch, was found guilty, after a jury trial, of robbery in the second degree and was sentenced to 10 years’ imprisonment. Ala.Code 1975 § 13A-8-42. We affirmed the conviction and sentence on October 17, 1989, without issuing an opinion. The Alabama Supreme Court granted the appellant’s petition for writ of certiorari and, on August 17,1990, reversed the judgment of this court, holding that a defendant cannot be convicted of second degree robbery if his co-defendant was not actually present. Ex…