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MESSER v. STATE

No. 49780.

403 So.2d 341 (1981)

Charles Dwight MESSER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 1, 1981.

Attorney(s) appearing for the Case

Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before the Court on appeal of a sentence of death imposed for the capital felony of murder in the first degree. This Court previously affirmed the conviction for first-degree murder and robbery, but vacated the sentence of death and remanded for a new sentencing proceeding before a jury. Messer v. State, 330 So.2d 137 (Fla. 1976). A new jury was empaneled and a second sentencing proceeding was held...

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