MOODY v. STATE

No. 52907.

418 So.2d 989 (1982)

Eldred Lonnie MOODY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 14, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Craig S. Barnard, Chief Asst. Public Defender, and Jerry L. Schwarz, Richard B. Greene and Jon A. May, Asst. Public Defenders, Fifteenth Judicial Circuit, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


ALDERMAN, Chief Justice.

Eldred Lonnie Moody was convicted of the first-degree, premeditated murder of Murray Bell and, consistent with the jury's recommendation, was sentenced to death by the trial court. On appeal, we affirm his conviction, but we reverse his sentence of death and remand for resentencing without an additional jury recommendation because the trial court considered an improperly found aggravating circumstance in this case where there was also a properly...

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