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ROMAN v. STATE

No. 72159.

528 So.2d 1169 (1988)

Ernest Lee ROMAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 23, 1988.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Judith J. Dougherty, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, and Mark E. Olive, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

SHAW, Justice.

Ernest Lee Roman, under sentence of death and execution warrant, appeals the trial court's denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and stay of execution. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Having granted a stay of execution on March 31, 1988, we hereby vacate the conviction and sentence of death and remand for a new trial.

This Court affirmed Roman's conviction and sentence of death...

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