Presley v. State

The appellant, Marcus Presley, was convicted of the capital offense of murder committed during a robbery in the first degree. See §13A-5-40(a) (2), Ala. Code 1975. The jury, by a vote of 12-0, recommended that Presley be sentenced to death. The trial court accepted the jury's recommendation and sentenced Presley to death by electrocution.

The State's evidence tended to show the following. At approximately 9:00 p.m. on May 18, 1996, Presley entered the Citgo gasoline service station and convenience store on Jefferson Avenue in Birmingham. Marvin Smith, the clerk at the convenience store, was…