BROOKINGS v. STATE

No. 64221.

495 So.2d 135 (1986)

Donald William BROOKINGS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearings Denied October 28, 1986.


Attorney(s) appearing for the Case

Samuel R. Mandelbaum of Smith and Williams, P.A., Tampa, for appellant.

Jim Smith, Atty. Gen., and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Donald William Brookings appeals his conviction for first-degree murder and the imposition of a sentence of death. We have jurisdiction, article V, section 3(b)(1), Florida Constitution. We affirm the conviction, but vacate the sentence and remand with directions.

In November 1978, during a barroom fight in Tampa, Irwin Ballard allegedly stabbed several persons. One of those victims died. Earl Sadler witnessed this murder. Shortly thereafter, Ballard...

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