A jury convicted the defendant J.C. Woodall of murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire, an offense made capital by Â§ 13A-5-40(a)(7), Ala. Code 1975, and of attempted murder, Â§Â§ 13A-6-2 and 13A-6-2, Ala. Code 1975. The jury recommended the death sentence on the capital count by a 10-2 vote; the trial court followed that recommendation and sentenced the defendant to death by electrocution. On the attempted murder count, the trial court sentenced the defendant to a life term in the penitentiary. The Court of Criminal Appeals affirmed both convictions and the sentence of death, Woodall v. State, 730 So.2d 627 (Ala.Cr.App. 1997). We granted certiorari review, see Rule 39(c), Ala.R.App.P.; we now affirm the defendants conviction and his sentence of life imprisonment on the count of attempted murder, but we reverse the judgment of the Court of Criminal Appeals affirming his conviction and his sentence of death on the murder-for-hire count, and we remand the case.