FOSTER v. STATE

No. 60549.

436 So.2d 56 (1983)

Clyde FOSTER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 16, 1983.


Attorney(s) appearing for the Case

Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for appellee.


ALDERMAN, Chief Justice.

Clyde Foster appeals his two convictions of first-degree felony murder and his sentences of death. We affirm the convictions, but we vacate the death sentences and remand to the trial judge for resentencing.

On Saturday, August 3, 1974, the bodies of C.J. Weimorts and Buddy Grady were found in Weimorts' automobile in a vacant lot behind an apartment complex in Columbia County. Both men died from gunshot wounds in the back. Their pockets...

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