JACKSON v. STATE

No. 66510.

498 So.2d 906 (1986)

Clinton Lamar JACKSON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 11, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Tenth Judicial Circuit and W.C. McLain, Asst. Public Defender, Chief, Capital Appeals, Bartow, for appellant.

Jim Smith, Atty. Gen., and James H. Dysart and Frank Migliore, Jr., Asst. Attys. Gen., Tampa, for appellee.


BARKETT, Justice.

This is an appeal from convictions for robbery and first-degree murder and a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We reverse and remand for a new trial.

Appellant was charged with the robbery of a hardware store and the murder of its owner. The evidence indicated that when the store owner grappled with appellant's brother in an effort to keep the last five dollars remaining in the cash register, appellant...

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