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MAGGARD v. STATE

No. 51614.

399 So.2d 973 (1981)

John P. MAGGARD, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied July 10, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Craig S. Barnard, Chief Asst. Public Defender, and Richard B. Greene, Ellen Morris and Jon May, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

ALDERMAN, Justice.

John Maggard was convicted of first-degree murder, and, following the jury's recommendation of death, he was sentenced to death. We find no reversible error in his conviction, but we do find that the court reversibly erred in the sentencing portion of the trial when it allowed the State to introduce evidence to rebut the mitigating circumstance of no significant history of prior criminal activity after...

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