McRath v. State

JOINER, Judge.

Ronzie McRath appeals the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. We reverse and remand.

In March 1994, following a trial on a single-count indictment charging capital murder — “[mjurder ... during a robbery in the first degree or an attempt thereof,” § 13A-5-40(a)(2), Ala.Code 1975— McRath was convicted of the lesser-included offenses of “murder” and first-degree robbery. McRath was subsequently sentenced to consecutive terms of life imprisonment for the two convictions. McRath appealed his convictions and sentences to this…