PERRY v. STATE

No. SC96499.

801 So.2d 78 (2001)

Leo Edward PERRY, Jr., Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 18, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and W.C. McLain, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Appellant.

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


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Leo Edward Perry, Jr. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we uphold the conviction but vacate the death penalty and remand for new sentencing proceedings.

The record reflects the following facts. The victim in this case, John Johnston, age seventy-five, checked into a Pensacola motel on the...

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