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SNOWDEN v. DONNER

No. 85-386.

464 So.2d 223 (1985)

Harold Grant SNOWDEN, Sr., Petitioner, v. The Honorable Amy S. DONNER, Circuit Judge, Eleventh Judicial Circuit, Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 26, 1985.

Attorney(s) appearing for the Case

Terence J. Anderson, High, Stack, Lazenby, Palahach & Lacasa and G. Kirk Haas, Coral Gables, Weiner, Robbins & Tunkey and Fred Robbins, Miami, for petitioner.

Janet Reno, State Atty., and Samuel Rabin, Jr. and Howard A. Pohl, Asst. State Attys., for respondent.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

As we did in Rodriguez v. Cowart, 458 So.2d 284 (Fla. 3d DCA 1984) (Table), we adopt the holding of Cooper v. State, 453 So.2d 67 (Fla. 1st DCA 1984) that since, under Buford v. State, 403 So.2d 943 (Fla. 1981), cert. denied, 454 U.S. 1164, 102 S.Ct. 1039, 71 L.Ed.2d 320 (1982), the death penalty may not be imposed for a violation of the statute which...

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