Coral v. State
Coral v. State
Opinion
The appellant, Robert Lance Coral, was indicted on March 7, 1988, in Montgomery County, in a two-count indictment for the capital offenses of murder committed during a robbery in the first degree, in violation of §
We note at the outset of our review of this case that the trial court has failed to comply with the requirements of §
"Based upon the evidence presented at trial, the evidence presented during the sentence hearing, and the pre-sentence investigation report and any evidence submitted in connection with it, the trial court shall enter specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated in section
13A-5-49 , each mitigating circumstance enumerated in section13A-5-51 , and any additional mitigating circumstances offered pursuant to section13A-5-52 . The trial court shall also enter written findings of facts summarizing the crime and the defendant's participation in it."
The court's sentencing order contains no findings. "Without knowing what the trial *Page 249
judge did, we are unable to properly review his sentencing decision." Ex parte Cochran,
Due to the deficiencies in the sentencing order, we remand this cause to the trial court with directions that it enter specific written findings concerning the existence or nonexistence of the aggravating and mitigating circumstances and, once again, decide the appropriate punishment by reweighing the proper aggravating circumstances against any proper mitigating circumstances. The trial court should also enter written findings of facts summarizing the crime and the appellant's participation in it. We direct that the trial court fully comply with the provisions of §§
We pretermit discussion of the remaining issues raised by the appellant on appeal until we have received the new sentencing order.
REMANDED WITH DIRECTIONS.
All Judges concur.
Reference
- Full Case Name
- Robert Lance Coral v. State.
- Cited By
- 5 cases
- Status
- Published