BONIFAY v. STATE

No. 78724.

626 So.2d 1310 (1993)

James Patrick BONIFAY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 14, 1993.


Attorney(s) appearing for the Case

Peter W. Mitchell, Court-Appointed Atty., Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen. and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

James Patrick Bonifay appeals his conviction of first-degree murder and sentence of death. We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and affirm the conviction, but vacate the sentence and remand for resentencing.

In March 1990 Robin Archer was fired from his job in an auto parts store. The following January he convinced his seventeen-year-old cousin, Pat Bonifay, to kill the clerk he apparently blamed for having him...

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