State v. Spivey

GREENE, Judge.

On 9 December 1988, defendant was charged with first-degree rape and first-degree murder. At the close of the State’s evidence at trial, the State voluntarily dismissed the charge of first-degree rape, and further informed the court that it would dismiss the charge of first-degree murder and proceed with second-degree murder. On 6 September 1989, the “death qualified” jury found defendant guilty of second-degree murder. Defendant appeals from a judgment entered 6 September 1989, imposing a prison term of not less than forty-five years nor more than fifty years..

The victim’s body…