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BUSH v. STATE12/1/1995
ociety; (2) that while in prison he has shown remorse for his crime; (3) that his life is of value; (4) that he has had a spiritual conversion during the last two years that has made a difference in his life; and (5) that while in prison he has done artwork that reflects his worth as a human being.
Thus, the trial court found the existence of three aggravating circumstances and five mitigating circumstances. It considered the presentence report along with the advisory verdict of the jury and weighed the aggravating circumstances against the mitigating circumstances, and finding that the aggravating circumstances outweighed the mitigating circumstances, sentenced the appellant to death.
We take judicial notice that crimes similar to the crime committed by the appellant in the instant case are being punished capitally throughout this state. See, e.g., Kuenzel v. State; Hallford v. State; Hinton v. State, 548 So.2d 547 (Ala. Cr. App. 1988), aff'd, 548 So.2d 562 (Ala. 1989), cert. denied, 493 U.S. 969, 110 S.Ct. 419, 107 L.Ed.2d 383 (1989). In fact, two-thirds of Alabama's death sentences have been imposed on defendants convicted of capital murder arising out of robbery-murders. Beck v. State, 396 So.2d 645, 654 n. 5 (Ala. 1980); Kuenzel v. State.
We have carefully searched the record of both the guilt and the sentence phases of the appellant's trial, and we have found no error warranting reversal. In reviewing the sentence, we find no evidence that the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor. The findings and conclusions of the trial court are supported by the evidence. We concur in the judgment of the trial court that death is the appropriate sentence in this case. Our independent weighing of the aggravating circumstances and mitigating circumstances convinces us that the sentence of death is appropriate for this appellant. Considering the crime committed and considering the appellant, we find that the sentence of death is neither excessive nor disproportionate to the penalty imposed in similar cases.
Accordingly, the appellant's conviction and sentence of death are due to be, and they are hereby, affirmed.
AFFIRMED.
All Judges concur.
The appellant, William Bush, filed an application for rehearing on December 15, 1995, and a brief in support thereof on January 16, 1996. We have carefully reviewed the appellant's application and his brief, and we conclude that he has not raised any issue that we have not considered or addressed in our opinion affirming his conviction and sentence. Bush v. State, 695 So.2d 70 (Ala. Cr. App. 1995). Therefore, we are not persuaded to alter our holding. The application for rehearing is overruled.
Further, we find no reason to supplement or correct the statement of facts in our opinion. We decline to adopt the appellant's proposed statement of facts as he requests. The Ala.R.App.P. 39(k) motion is denied.
OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED; MOTION DENIED.
All Judges concur.
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