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FUNCHESS v. STATE

No. 47828.

367 So.2d 1007 (1979)

David Livingston FUNCHESS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

February 8, 1979.

Attorney(s) appearing for the Case

Louis G. Carres, Asst. Public Defender, Tallahassee, for appellant.

Carolyn M. Snurkowski and Charles W. Musgrove, Asst. Attys. Gen., Tallahassee, for appellee.

ORDER

Pursuant to the dictates of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977), this Court ordered the trial judge who imposed the death sentence to advise the Court whether he imposed the death sentence after consideration of any information not known to appellant. His initial response stated that no information undisclosed to appellant was considered. Upon order for clarification, however, the trial...

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