ROSE v. STATE

No. 51724.

425 So.2d 521 (1982)

James Franklin ROSE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 8, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


ALDERMAN, Chief Justice.

The defendant, James Franklin Rose, appeals his conviction for murder in the first degree and his sentence of death. He also appeals his conviction and life sentence for kidnapping. We affirm the convictions and the life sentence, but finding reversible error in the penalty phase of the trial, we vacate the sentence of death and remand for a new sentencing proceeding before a jury.

Although circumstantial in nature, the evidence was...

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