Coleman v. State

Floyd Coleman, appellant, was indicted for the offense of robbery when the victim is intentionally killed. Ala. Code § 13-11-2 (a)(2) (1975).1 He was duly arraigned and pleaded not guilty. A jury found him guilty as charged in the indictment. After conclusion of the guilt-finding phase of the trial, appellant, with advice of counsel, and the prosecuting attorney acting for the State, waived argument and the taking of testimony at the sentencing hearing before the jury and stipulated that the case be submitted to the jury for fixing its recommendation as to punishment after proper instructions…