SMITH v. STATE

No. 57743.

424 So.2d 726 (1982)

Frank SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied January 27, 1983.


Attorney(s) appearing for the Case

Philip J. Padovano, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

This cause is before the Court on appeal from a capital felony conviction for which a sentence of death was imposed. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Appellant Frank Smith was convicted of robbery, kidnapping, sexual battery, and first-degree murder. The evidence showed that late in the evening on December 12, 1978, appellant and two accomplices went to a convenience store in Wakulla County and robbed store clerk Sheila...

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