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403 So. 2d 328

Boggan v. State

Court of Criminal Appeals of Alabama · decided 1981-08-04

Relies on Beck v. Alabama · 403 So. 2d 154 - Ritter v. State

Decided 1981-08-04

PER CURIAM.

¶1Robbery when the victim was intentionally killed by the defendant—§ 13-11-2(a), Code of Ala.1975; sentence: life without parole.

¶2On February 2,1979, appellant was found guilty of the September 12, 1978, robbery and intentional killing of his ninety-nine-year-old aunt, Penny Williams. On March 22, 1976, at his sentencing hearing, the trial judge commuted appellant’s sentence to life without parole.

¶3*329We pretermit discussion of appellant’s issues raised on appeal as this cause is governed by the recent decisions of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980); Ex parte Wayne Eugene Ritter, 403 So.2d 154 (Ala.1981); Cook v. State (Ala.Cr.App.1981) [6 Div. 561, Ms. June 23, 1981]; and Lane v. State (Ala.Cr.App.1981) [7 Div. 842, Ms. June 23, 1981].

¶4Under the authorities hereinabove cited, this cause is reversed and remanded for a new trial.

¶5REVERSED AND REMANDED.

All the Judges concur.
BOOKOUT, Judge,

¶6dissenting:

¶7I respectfully dissent for reasons stated in my dissent in Cook, supra.

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