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Tomlin v. State5/31/2002
role is an aberration; a freak that cannot be allowed."
However, pursuant to § 13A-5-53(b)(2), this Court must independently weigh the aggravating circumstances and the mitigating circumstances to determine the propriety of Tomlin's sentence to death. This Court is convinced, after an independent weighing, that Tomlin's sentence to death is appropriate. The record shows that the murders were committed in a cold, calculated, and premeditated fashion and we are convinced that death is the appropriate punishment for Tomlin's conduct.
Neither was Tomlin's sentence disproportionate or excessive when compared to penalties imposed in similar cases. See Daniels v. State, 534 So. 2d 628 (Ala.Crim.App. 1985), aff'd, 534 So. 2d 656 (Ala. 1986), cert. denied, 479 U.S. 1040 (1987).
Last, we have searched the record for any error that may have adversely affected Tomlin's substantial rights and have found none. See Rule 45A, Ala. R. App.P.
Tomlin's conviction and sentence to death are due to be, and are hereby, affirmed.
AFFIRMED.
Cobb, Baschab, Shaw, and Wise, JJ., concur.
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