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BURNS v. STATE

No. 72638.

609 So.2d 600 (1992)

Daniel BURNS, Jr., Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

December 24, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen. and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Daniel Burns, Jr., a prisoner under sentence of death, appeals his convictions of first-degree murder and trafficking in 200 grams or more of cocaine and his sentence of death. We have jurisdiction1 and affirm the convictions, but vacate the sentence and remand for resentencing by the judge before a newly empaneled jury.

According to testimony at trial, the victim, Jeff Young, a Florida Highway Patrol Trooper, stopped...

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