Court of Civil Appeals of Alabama June 29, 2012, CR-08-0592 (McKinnis v. State)

KELLUM, Judge.

Kenneth Adam McKinnis was convicted of murder made capital because it was committed during the course of a robbery, a violation of § 13A-5-40(a)(2), Ala.Code 1975. By a vote of 10-2, the jury recommended that McKinnis be sentenced to death. The trial court followed the jury’s recommendation and sentenced McKinnis to death.

The evidence adduced at trial indicated the following.