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STATE v. MICHAEL

No. 70658.

530 So.2d 929 (1988)

STATE of Florida, Appellant/Cross-Appellee, v. John MICHAEL, Appellee/Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied December 8, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant/cross-appellee.

Larry Helm Spalding, Capital Collateral Representative, Judith J. Dougherty, Asst. CCR and Timothy D. Schroeder, Staff Atty., Office of the Capital Collateral Representative, and Mark E. Olive, Tallahassee, for appellee/cross-appellant.

PER CURIAM.

The state appeals, and Michael cross-appeals, the trial court's order granting Michael a new sentencing hearing. We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and Florida Rule of Criminal Procedure 3.850, and affirm the trial court's ruling.

A jury convicted Michael of the first-degree murder of the elderly woman with whom he lived and recommended that he be sentenced to death, which the trial court did. This Court affirmed...

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