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NIBERT v. STATE

No. 71980.

574 So.2d 1059 (1990)

Billy Ray NIBERT, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 13, 1990 and March 6, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

BARKETT, Justice.

Billy Ray Nibert was tried and convicted of first-degree murder and sentenced to death. This Court affirmed the conviction but vacated the sentence and remanded for resentencing. Nibert v. State, 508 So.2d 1 (Fla. 1987). On remand, the trial court again sentenced Nibert to death. We vacate the reimposition of the death sentence and remand for imposition of a sentence of life imprisonment.

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