concurring in part and dissenting in part.
I concur in the majority’s affirmance of appellant’s adjudication of guilt. However, for the reasons explained in my partial concurrence and partial dissent in Wilson v. State,41 would stay ruling on the constitutionality of appellant’s sentence of death by electrocution until receiving guidance from the United States Supreme Court on that issue.4 5
271 Ga. 811, 824 (525 SE2d 339) (1999).
In all capital cases, this Court is obligated to undertake a sua sponte review of the death sentence to determine, among other things, whether the penalty is excessive. OCGA § 17-10-35. “This penalty question is one of cruel and unusual punishment, and is for the court to decide” in all cases. Blake v. State, 239 Ga. 292, 297 (236 SE2d 637) (1977).