COMBS v. STATE

No. 68477.

525 So.2d 853 (1988)

Robert Ike COMBS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 27, 1988.


Attorney(s) appearing for the Case

Asa D. Sokolow, Marvin R. Lange and Richard L. Claman, New York City, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Kotler and James A. Young, Asst. Attys. Gen., Tampa, for appellee.


OVERTON, Justice.

Robert Ike Combs appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion to vacate his conviction and sentence of death. We have jurisdiction. Art. V., § 3(b)(1), Fla. Const. In summary, we find that the United States Supreme Court's recent decision in Hitchcock v. Dugger, ___ U.S. ___, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), requires us to grant Combs a new sentencing proceeding before a new jury. We reject, however...

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