“ ‘Plain error is error which, when examined in the context of the entire case, is so obvious that failure to notice it would seriously affect the fairness, integrity, and public reputation of the judicial proceedings.’ United States v. “ ‘ “The plain-error exception to the contemporaneous-objection rule is to be ‘used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result.’ ” United States v. “Because this case involves the death penalty, this court is obliged under Rule 45A, Ala.R.App.P., to review the record for any error that may have affected the substantial rights of the appellant. Mack's theory of defense is that when he shot Holman, he believed that Holman and Holman's cousin, Carlos Green, intended to kill Mack and/or his friend Roy Craig, Jr., 2 because Craig had sold Holman approximately $500 worth of “bad dope.” Mack was a friend of both Craig and Holman and had facilitated the drug transaction between Craig and Holman by introducing Holman to Craig.

He denies that the shooting occurred during the course of a robbery. Mack does not dispute that he intentionally shot Holman in the back of the head or that the shot killed him. The trial court accepted this recommendation and sentenced the appellant to death. The jury found him guilty as charged and, by a vote of 10 to 2, recommended that he be punished by death.

The appellant, Albert Mack III, 1 was indicted for murder, made capital because it was committed during a robbery. He had been killed instantly by a gunshot to the back of his head his body had been placed in the trunk and the automobile had been set on fire. The Cutlass was parked on the side of Sanders Ferry Road near the entrance to the Royal Pines subdivision, a suburban neighborhood near Tuscaloosa. On the night of July 12, 1993, Patrick Cory Holman's body was found inside the trunk of a partially burned 1974 Oldsmobile Cutlass automobile. William Scott Donaldson, Tuscaloosa, for appellant.

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