State v. Rutherford

CROW, Judge.

Appellant, charged with murder in the first degree and armed criminal action, waived his right to trial by jury in exchange for the prosecutor’s agreement to “withdraw any aggravating circumstances and ... not seek the death penalty.”

At the conclusion of a one-day bench trial, the court found Appellant guilty of both charges. At a subsequent sentencing hearing, the court sentenced Appellant to imprisonment for life without eligibility for probation or parole on the murder charge and imprisonment for fifty years on the armed criminal action charge, the latter sentence to run…