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Snith v. State8/25/2000
defendant, who was initially charged for the capital offense as well, ultimately received a life sentence for a plea to murder, we are of the opinion that the appellant's sentence of death was none the less appropriate in this case.'). See also Arthur v. State, 711 So. 2d 1031, 1096 (Ala. Cr. App. 1996), aff'd, 711 So. 2d 1097 (Ala. 1997) (`The fact that two of the appellant's accomplices were not prosecuted does make his death sentence disproportionate. Similarly, although Judy Wicker, an accomplice, received a life sentence while Arthur received a death sentence, there was no disparity, especially because the appellant was the triggerman and was already serving a life sentence for murdering a family member when he killed the victim.' Id. at 1096-97. (citations omitted))."
Smith's sentence is not disproportionate. The record clearly reflects that Smith was the instigator and principal in carrying out the kidnapping-murder. Smith's conviction is neither disproportionate nor excessive when compared to sentences received in similar capital cases. See Thompson v. State, 542 So. 2d 1286 (Ala.Cr.App. 1988), aff'd, 542 So. 2d 1300 (Ala.), cert. denied, 493 U.S. 874 (1989) (murder- kidnapping); Neelley v. State, 494 So. 2d 669 (Ala.Cr.App. 1985), aff'd, 494 So. 2d 697 (Ala. 1986), cert. denied, 480 U.S. 926 (1987) (murder- kidnapping); Heath v. State, 455 So. 2d 898 (Ala.Cr.App. 1983), aff'd, 455 So. 2d 905 (Ala. 1984), aff'd, 474 U.S. 82 (1985) (murder- kidnapping).
Last, we have searched the entire record for any error that may have adversely affected Smith's substantial rights and have found none. Rule 45A, Ala.R.App.P.
Smith's conviction and sentence to death by electrocution are due to be, and are hereby, affirmed.
AFFIRMED.
Long, P.J., and Cobb, Baschab, and Fry , JJ., concur.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Alabama DUI Attorneys
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