Opinion
No. CR-99-1241.
Decided August 26, 2005.
Appeal from Houston Circuit Court (CC-97-1009).
On Return to Remand.
The appellant, Shaber Chamond Wimberly, was convicted of two counts of capital murder for murdering Mary Spivey during the course of a robbery and a burglary. See §§ 13A-5-40(a)(2) and (a)(4), Ala. Code 1975. The jury recommended, by a vote of 10 to 2, that Wimberly be sentenced to death. The circuit court sentenced Wimberly to death. We affirmed Wimberly's capital-murder convictions, but we remanded the case to the Houston Circuit Court for that court to set aside Wimberly's sentence of death and to impose a sentence of life without the possibility of parole because Wimberly was 17 years of age when he committed the murder. See Wimberly v. State, [Ms. CR-99-1241, April 29, 2005] ___ So.2d ___ (Ala.Crim.App. 2005), citing the United States Supreme Court's decision in Roper v. Simmons, ___ U.S. ___, 125 S. Ct. 1183 (2005), (holding that it was a violation of the Eighth and Fourteenth Amendments to impose a death sentence on an offender who was under the age of 18 at the time the offense was committed).
The circuit court has complied with our directions and has filed its amended sentencing order with this Court. The court has set aside Wimberly's death sentence based on the United State Supreme Court's decision in Roper and imposed the only other available sentence — life in the penitentiary without the possibility of parole.
In our previous opinion we addressed the other issues raised by Wimberly in his brief to this Court, and we affirmed Wimberly's capital-murder convictions. Wimberly's sentence is now due to be, and is hereby, affirmed.
AFFIRMED.
Cobb, Baschab, Shaw, and Wise, JJ., concur.