STATE v. LARA

No. 73888.

581 So.2d 1288 (1991)

STATE of Florida, Appellant/Cross-Appellee, v. Mario Albo LARA, Appellee/Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied July 9, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Ralph Barreira, Asst. Atty. Gen., Miami, for appellant/cross-appellee.

Larry Helm Spalding, Capital Collateral Representative, Billy H. Nolas, Chief Asst. CCR, Julie D. Naylor, Sp. Asst. CCR, and Thomas H. Dunn, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, for appellee/cross-appellant.


PER CURIAM.

The state appeals from an order of the trial judge granting Lara relief in a post-conviction proceeding under rule 3.850, Florida Rules of Criminal Procedure, by vacating Lara's death sentence and directing a new sentencing hearing.

Mario Albo Lara, the appellee and movant below, cross appeals the trial court's denial of postconviction relief in the guilt phase of his trial. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the...

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