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Ponder v. State

Court of Criminal Appeals of Alabama
Dec 20, 1996
688 So. 2d 291 (Ala. Crim. App. 1996)

Opinion

CR-94-1109.

August 23, 1996. Rehearing Denied September 27, 1996. Certiorari Denied December 20, 1996 Alabama Supreme Court 1960030.

Appeal from Cullman Circuit Court (CC-94-4); Frank Brunner, Judge.

Jason Knight, Cullman; Finis E. St. John III, Cullman; and Lajuana Davis, Montgomery, for Appellant.

Jeff Sessions, Atty. Gen., and Tracy Daniel, Asst. Atty. Gen., for Appellee.


ON RETURN TO REMAND


The appellant, Terry Lee Ponder, was convicted of murdering Mary Angela Vincent and Carol Quick Myrick. The murders were made capital because two or more persons were killed as the result of one cause of conduct. See § 13A-5-40(a)(10), Code of Alabama 1975, The appellant was sentenced to death by electrocution.

We remanded this cause to the Circuit Court for Cullman County so that the trial court could vacate the appellant's sentence of death and sentence the appellant to life in the penitentiary without the possibility of parole, because the trial court, when fixing the sentence, relied on an aggravating circumstance not contained in § 13A-5-49, thereby rendering a death sentence unlawful. Ponder v. State, 688 So.2d 280 (Ala.Cr.App. 1996).

The trial court has complied with our directions, vacated the appellant's sentence of death, and sentenced the appellant to life in the penitentiary without the possibility of parole. Therefore, the appellant's conviction and his sentence to life imprisonment are due to be affirmed.

AFFIRMED.

All the Judges concur.


Summaries of

Ponder v. State

Court of Criminal Appeals of Alabama
Dec 20, 1996
688 So. 2d 291 (Ala. Crim. App. 1996)
Case details for

Ponder v. State

Case Details

Full title:Terry Lee PONDER v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Dec 20, 1996

Citations

688 So. 2d 291 (Ala. Crim. App. 1996)

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