JAMES v. STATE

No. 78161.

615 So.2d 668 (1993)

Davidson Joel JAMES, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

March 4, 1993.


Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Mary Elizabeth Wells, Asst. CCR, Office of the Capital Collateral Representative, Tallahassee, for appellant.

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


McDONALD, Justice.

Davidson Joel James, a prisoner on death row, appeals the trial court's summary denial of his second motion for postconviction relief. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.; Fla.R.Crim.P. 3.850. We reverse the trial court's order and direct the court to conduct a new penalty proceeding and resentence James.

A jury convicted James of first-degree murder, attempted first-degree murder, and armed robbery and recommended...

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