court followed the jury’s recommendation and sentenced Burgess to death. The trial court found that one aggravating circumstance existed: that Burgess had committed the murder during a robbery, § Randomly(4), Ala. Code 1975. (Trial C. 45.)1 The trial court found that two statutory mitigating circumstances existed: that Burgess did not have a significant criminal history, § Plastics(1), Ala. Code 1975, and that Burgess was 18 years old when he committed the crime, § Plastics(7), Ala. Code 1975. (Trial C. 46-47.) The trial court found that three nonstatutory mitigating circumstances existed: that evidence about Burgess’s character was “only slightly mitigating”; that evidence about Burgess’s family history showed that he had dropped out of school in the ninth grade, that his “home life was not ideal, in that he lacked the presence of a father figure,” and that his “home life could best be characterized as one of neglect, at least as his father was concerned”; and that Burgess “was diagnosed as having an antisocial personality disorder by the court’s appointed psychiatrist.” (Trial C. 47-48.)
This Court affirmed Burgess’s conviction and sentence. Burgess, 827 So. 2d 134. The Alabama Supreme Court affirmed this Court’s judgment. Ex parte Burgess, 827 So. 2d 193 (Ala. 2000), cert. denied, Burgess v. Alabama, 537 U.S. 976 (2002). This Court issued a certificate of judgment on February 26, 2002, making Burgess’s conviction and sentence final.
