Dobyne v. State
Decision Date | 17 June 1994 |
Docket Number | CR-91-1840 |
Citation | 672 So.2d 1353 |
Parties | Willie C. DOBYNE v. STATE. |
Court | Alabama Court of Criminal Appeals |
The appellant, Willie C. Dobyne, was convicted of murder made capital because the murders occurred during the course of a robbery in the first degree. See § 13A-5-40(a)(2), Code of Alabama 1975. He was sentenced to death by electrocution. We remanded this cause so that the trial court could amend its order to reflect whether it had considered all evidence offered in mitigation. Dobyne v. State, 672 So.2d 1319 (Ala.Cr.App.1994).
The trial court has complied with our directions and has amended its sentencing order. The trial court's order reflects that it considered all evidence offered in mitigation.
As required by § 13A-5-53, Code of Alabama 1975, this court must address the propriety of the appellant's conviction and sentence to death.
The record reflects that the appellant's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. § 13A-5-53(b)(1).
A review of the record shows that the trial court correctly found that the aggravating circumstance outweighed the mitigating circumstances. The trial court found as an aggravating circumstance that the two murders were committed during the course of a robbery, § 13A-5-49(4). The court found as mitigation that the appellant had no prior history of criminal conduct, § 13A-5-51(1). The court stated the following in regard to § 13A-5-51(6), i.e., the capacity of the defendant to appreciate the criminality of his conduct:
The court found as a statutory mitigating factor the appellant's age, 22 years of age, at the time of the offense, § 13A-5-51(7). The court also considered the appellant's I.Q. as a nonstatutory mitigating circumstance. The court weighed the aggravating and the mitigating factors and sentenced the appellant to death. We agree with the court's findings in ...
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...130 L.Ed.2d 1004 (1995) (emphasis in Harris). See also Dobyne v. State, 672 So.2d 1319 (Ala.Cr.App.), on return to remand, 672 So.2d 1353 (Ala.Cr.App. 1994), aff'd, 672 So.2d 1354 (Ala.1995), cert. denied, 517 U.S. 1169, 116 S.Ct. 1571, 134 L.Ed.2d 670 (1996); Ex parte DeBruce, 651 So.2d 62......
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