KIRKLAND v. STATE

No. 84353.

684 So.2d 732 (1996)

Dwayne KIRKLAND, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 16, 1996.


Attorney(s) appearing for the Case

Steven L. Seliger of Garcia and Seliger, Quincy, for Appellant.

Robert A. Butterworth, Attorney General and Barbara J. Yates, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Dwayne Kirkland. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. While we find that there is insufficient evidence in the record to support the finding of premeditation necessary to sustain Kirkland's first-degree murder conviction and sentence of death, we do find that the record supports a conviction of second-degree murder.

The record reflects...

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