Ex Parte Lynch

The defendant, Robert Lynch, was convicted of second degree robbery and was sentenced to 10 years' imprisonment. Upon appeal, the Court of Criminal Appeals affirmed his conviction without writing an opinion. 555 So.2d 1203. Defendant then petitioned this Court to review the judgment of the Court of Criminal Appeals, and this Court granted his petition, primarily to review one question: Can a defendant be convicted of second degree robbery if his co-defendant is not "actually present"?

In order to answer that question, we must determine what the term "actually present," in Ala. Code 1975, §…