PHIPPEN v. STATE

No. 54664.

389 So.2d 991 (1980)

James Leroy PHIPPEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 23, 1980.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen. and Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, Florida, for appellee.


PER CURIAM.

Appellant James Leroy Phippen was convicted on two counts of first-degree murder. After a jury recommendation of life imprisonment, the trial judge imposed two sentences of death. Jurisdiction vests in this Court pursuant to article V, section 3(b)(1), Florida Constitution. We affirm the convictions but vacate the sentences of death.

At 1:30 a.m. on the morning of October 5, 1977, a deputy sheriff discovered appellant slumped over the steering...

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