STATE v. LEE

No. R-452.

286 So.2d 596 (1973)

STATE of Florida, Appellant, v. Rudolph Valentine LEE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 7, 1974.


Attorney(s) appearing for the Case

Donald G. Nichols, State's Atty., Bartley K. Vickers, Asst. State's Atty. and Raymond L. Marky, Asst. Atty. Gen., for appellant.

Roy E. Dezern, and Walter R. Stedeford, Jacksonville, for appellee.


SPECTOR, Judge.

The State of Florida seeks reversal of an order entered by the circuit court which vacated and set aside a death sentence entered against appellee upon his conviction of murdering a police officer and instead imposed a life sentence. We agree with appellant and reverse and remand for a new trial to be held on the issue of penalty only, pursuant to the newly enacted death penalty statute, Section 921.141, Florida Statutes, F.S.A., which has recently...

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