PERRY v. STATE

No. 53003.

395 So.2d 170 (1980)

Donald PERRY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 7, 1981.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., and Charles A. Stampelos, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant, Donald Perry, was convicted of murder in the first degree. The trial judge imposed the death sentence in accordance with the jury's advisory sentence recommendation. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we affirm the conviction but find we must remand for a new jury sentencing hearing.

This was a robbery-murder of a highly intoxicated victim who, at the time of the murder, was seated in...

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