Benn v. State

WINDOM, Presiding Judge.

Marcus Benn appeals his seven convictions for capital murder for killing Jaime Gutierrez, Jose Colderon, and Evelyn Per-alta. Benn was'convicted of one count of murder made capital because he murdered Gutierrez, Colderon, and Peralta “by one act or pursuant to one scheme or course of conduct.” § 13A-5-40(a)(10), Ala.Code 1975. He was convicted of 3 counts of murder made capital because he murdered Gutierrez, Colderon, and Peralta after having been convicted of murder in the 20 years preceding the offenses. § 13A-5-40(a)(13), Ala.Code 1975. He was also convicted of…