FLEMING v. STATE

No. 50005.

374 So.2d 954 (1979)

Myron David FLEMING, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 5, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and James R. Wulchak, Thomas A. Pobjecky, Paul J. Martin and Steven H. Denman, Asst. Public Defenders, Bartow, for appellant.

Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

This is a direct appeal from a conviction of murder in the first degree and a sentence of death imposed by the Circuit Court of Lee County. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution. We affirm in part and reverse in part.

On March 13, 1976, appellant, armed with a .45 caliber semiautomatic pistol, entered the Purolator Security Building in Ft. Myers, Florida, with intent to commit a robbery. Yorkcavage, appellant...

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