MACK v. STATE

No. 71099.

537 So.2d 109 (1989)

James Michael MACK, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

January 12, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

We review Mack's conviction of murder and his sentence of death pursuant to article V, section 3(b)(1), of the Florida Constitution. We address only one point because it is dispositive of this appeal.

The appellant was not present at the charge conference, although his counsel said that he had waived his appearance. At that time, defense counsel waived all the instructions on the lesser included offenses of first-degree murder. He said he had discussed...

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