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GORHAM v. STATE

No. 77366.

597 So.2d 782 (1992)

David Kidd GORHAM, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied May 29, 1992.

Attorney(s) appearing for the Case

Stuart H. Singer, Holly R. Skolnick and Michelle A. Fongyee of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, and Thomas K. Equels of Holtzman, Krinzman & Equels, P.A., Coral Gables, for appellant.

Robert A. Butterworth, Atty. Gen., and Celia A. Torenzio, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

David Kidd Gorham, a prisoner under sentence of death, appeals the trial court's denial of his motion to vacate judgment and sentence filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution, and vacate the conviction and sentence of death and remand for a new trial.

Gorham was charged with the murder of a Pompano man. He was tried and found guilty, but a mistrial...

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