ROSE v. STATE

No. 83623.

675 So.2d 567 (1996)

James Franklin ROSE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearings Denied June 18, 1996.


Attorney(s) appearing for the Case

Gail E. Anderson and Daren L. Shippy, Assistant Capital Collateral Representatives, Office of the Capital Collateral Representative, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Sara D. Baggett, Assistant Attorney General, West Palm Beach, for Appellee.


PER CURIAM.

We have on appeal the judgment of the trial court denying James Franklin Rose, an inmate under sentence of death, relief requested under Rule 3.850, Florida Rules of Criminal Procedure. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm in part, reverse in part and remand for a new sentencing proceeding before a jury.

PROCEDURAL STATUS

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