SANDERS v. STATE

No. 69-1054.

241 So.2d 430 (1970)

James Walter SANDERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 1, 1970.


Attorney(s) appearing for the Case

Philip Carlton, Jr., Rex Ryland, Jr., and William A. Daniel, Jr., Miami, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.


PER CURIAM.

The appellant was duly charged with a felony-murder during a robbery. He was found guilty of first degree murder after a jury trial and received a recommendation of mercy from the jury. He was sentenced to life imprisonment and this appeal followed.

The first point presented by the appellant urges that he was entitled to a trial before two separate juries; first upon the issue of his guilt and then upon the issue of the penalty. He argues that...

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