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CAPEHART v. STATE

No. 74231.

583 So.2d 1009 (1991)

Gregory CAPEHART, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied September 3, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee/cross-appellant.

BARKETT, Justice.

Gregory Capehart appeals from his convictions for burglary and first-degree murder and the resulting sentences, including his sentence of death.1 We affirm the convictions and sentence of death but vacate the sentence for burglary and remand with instructions.

According to the evidence, on the morning of February 4, 1988, Deputy Sheriff Jeffrey Clark was conducting...

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