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OMELUS v. STATE

No. 73911.

584 So.2d 563 (1991)

Ulrick OMELUS, Appellant, Cross-Appellee, v. STATE of Florida, Appellee, Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied September 17, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant, cross-appellee.

Robert A. Butterworth, Atty. Gen. and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee, cross-appellant.

PER CURIAM.

Ulrick Omelus appeals his first-degree murder conviction and the trial judge's imposition of a death sentence in accordance with the jury's recommendation.1 For the reasons expressed in this opinion, we affirm Omelus's conviction. We find, however, that we must vacate his death sentence and remand for a new sentencing hearing before a new jury because of the presentation of an improper aggravating factor to the jury during...

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