Criminal Law and Lesser Included Offenses in Alabama

On November 22, 2011, Andrew Amison and his accomplice, Broderick Brown, robbed and killed Sam Richardson in his barbershop. Amison was indicted for two counts of felony murder for killing Richardson in the course of a burglary and in the course of a robbery. The jury convicted him on both counts of the lesser included offense felony murder. He was sen- tenced to two concurrent terms of 32 years. Amison appealed. Remanded.

InCarlisle v. State, 963 So.2d 170 (Ala. Crim. App. 2006, the Court held that Code of Alabama, 1975, § 13A-6-2, creates a single offense, even though it provides alternate methods of proving that offense. The two convictions in this case violated double jeopardy principles. “Accordingly, this Court remands this cause to the circuit court with directions for that court to enter a new order adjudging Amison guilty of one count of felony murder and sentencing him for that single offense.”

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