Opinion
No. CR-95-1953.
Decided April 30, 1999.
Appeal from Chambers Circuit Court (CC-95-31); Ray Martin, Judge.
Thomas Goggans, Montgomery for appellant.
Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for appellee.
On Remand from the Alabama Supreme Court
Adrian Roderick Davis was convicted of two counts of capital murder, because the murder occurred during the course of burglary, see § 13A-5-40(a)(2), Ala. Code 1975, and because the murder occurred during the course of a burglary, see § 13A-5-40(a)(4), Ala. Code 1975. He was sentenced to life imprisonment without parole for each conviction. In an opinion issued on July 3, 1997, we affirmed Davis's conviction for murder committed during the course of a robbery: however, we reversed Davis's conviction for murder committed during the course of a burglary, and held that that conviction was due to be affirmed. Davis v. State, 737 So.2d 480 (Ala. 1999)
In compliance with the Alabama Supreme Court's holding, we now affirm Davis's conviction for murder committed during the course of a burglary.
AFFIRMED AS TO CONVICTION FOR MURDER COMMITTED DURING THE COURSE OF A BURGLARY.
McMillan, Cobb Baschab, and Fry, JJ., concur.