GOLDEN v. STATE

No. 78982.

629 So.2d 109 (1993)

Andrew Lee GOLDEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied January 5, 1994.


Attorney(s) appearing for the Case

Gwendolyn Spivey, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Mary Leontakianakos, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Andrew Lee Golden appeals his conviction of first-degree murder and sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Because we find that the state did not prove an element of the corpus delicti, i.e., death through the criminal agency of another, we vacate Golden's conviction and sentence and direct that he be released from custody.

At 3:30 a.m., September 13, 1989, a police officer spotted the body of Ardelle Golden...

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