SMITH v. STATE

No. 64670.

492 So.2d 1063 (1986)

Derrick Tyrone SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 10, 1986.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen. and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.


EHRLICH, Justice.

This case is before us for review of a conviction for which the death sentence was imposed. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We reverse the conviction and sentence.

The evidence adduced at trial supports the conclusion that Smith and a friend, Derrick Johnson, planned a robbery the night of March 20, 1983. Carrying out that plan, Smith called a taxi to a St. Petersburg restaurant at 12:28 a.m. The two told the driver...

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