No. CR-00-1772.Court of Criminal Appeals of Alabama.
Decided November 23, 2005.
Appeal from Dale Circuit Court (CC-97-412.80 through CC-97-416.80).
On Return to Remand.
McMILLAN, Presiding Judge.
The appellant, Shaber Chamond Wimberly, was convicted of five counts of capital murder and was sentenced to death. Wimberly appealed. We remanded this case to the circuit court for that court to set aside Wimberly’s death sentence because Wimberly was 17 years of age when he committed the murders. See Wimberly v. State, [Ms. CR-00-1772, August 26, 2005] ___ So.2d ___ (Ala.Crim.App. 2005), relying on Roper v. Simmons, 543 U.S. ___, 125 S. Ct. 1183 (2005).
The circuit court has complied with our instructions and has set aside Wimberly’s sentence of death and sentenced Wimberly to the only other available sentence — life imprisonment without the possibility of parole. See § 13A-5-45(a), Ala. Code 1975. In our earlier opinion we addressed the other issues raised on direct appeal, and we affirmed Wimberly’s conviction. Wimberly’s sentence of life imprisonment without the possibility of parole is now affirmed.
AFFIRMED AS TO SENTENCE.
Cobb, Baschab, Shaw, and Wise, JJ., concur.
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