Boggan v. State

Court of Criminal Appeals of Alabama

Boggan v. State

403 So. 2d 328, 1981 Ala. Crim. App. LEXIS 2380

CourtCourt of Criminal Appeals of Alabama

DecidedAugust 4, 1981

Docket6 Div. 61

StatusPublished

Cited by2 cases

This text of 403 So. 2d 328 (Boggan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boggan v. State, 403 So. 2d 328, 1981 Ala. Crim. App. LEXIS 2380 (Ala. Ct. App. 1981).

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Opinions

PER CURIAM.

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

On 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.

[329]*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].

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

REVERSED AND REMANDED.

All the Judges concur.

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