LASTER v. STEPHENSON

No. 72-688.

268 So.2d 387 (1972)

Eddie James LASTER, Petitioner, v. The Honorable Gunter STEPHENSON, Acting As Judge of the Criminal Court of Record, in and for Polk County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 8, 1972.


Attorney(s) appearing for the Case

Lex M. Taylor, Jr., Lakeland, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for respondent.


MANN, Judge.

On July 17, 1972, Laster was tried in the Circuit Court on an indictment charging first degree murder. He was found guilty of manslaughter, and the respondent here, then sitting as circuit judge, referred the matter for pre-sentence investigation. On that same day the Supreme Court of Florida decided Donaldson v. Sack, 1972, 265 So.2d 499, determining that henceforth jurisdiction over formerly capital offenses should...

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