MORGAN v. STATE

No. 61577.

453 So.2d 394 (1984)

James A. MORGAN, Appellant v. STATE of Florida, Appellee.

Supreme Court of Florida.

July 12, 1984.


Attorney(s) appearing for the Case

Michael Salnick and Richard W. Springer of Kohl, Springer, Springer, Mighdoll & Salnick, Palm Springs, for appellant.

Jim Smith, Atty. Gen., and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


OVERTON, Justice

The appellant, James A. Morgan, was convicted of first-degree murder. The trial judge imposed the death sentence in accordance with the jury's advisory sentence recommendation. We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and we vacate appellant's conviction and sentence and remand for a new trial. We find that the trial court erred in prohibiting appellant from presenting the insanity defense.

Appellant was indicted...

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