STURDIVAN v. STATE

No. 59416.

419 So.2d 300 (1982)

Merle R. STURDIVAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 5, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, Miami, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., Miami, for appellee.


PER CURIAM.

This is a direct appeal from a conviction of first-degree murder and sentence of death. The trial court ruled that the jury's recommendation of death mandated the imposition of the death penalty because the offense occurred in 1971. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We find we must reverse both the conviction and sentence and remand for new trial because the trial court committed reversible error in refusing to instruct the jury...

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