PENN v. STATE

No. 74123.

574 So.2d 1079 (1991)

James Randall PENN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied March 4, 1991.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender and W.C. McLain, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard B. Martell, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

James Randall Penn appeals his conviction of first-degree murder and sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Although we affirm Penn's conviction, we vacate his death sentence and remand for imposition of life imprisonment with no possibility of parole for twenty-five years.

Penn, who was estranged from his wife, and his two-year-old son moved into his mother's home less than two weeks before this murder. On...

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