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SPENCER v. STATE

No. 80987.

645 So.2d 377 (1994)

Dusty Ray SPENCER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 6, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Dan Haun, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Dusty Ray Spencer, a prisoner under sentence of death, appeals his conviction for first-degree murder and the attendant sentence. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. We affirm Spencer's conviction for first-degree murder. However, because of error in the sentencing order, we vacate Spencer's sentence of death and remand this case for reconsideration by the judge.

Spencer was charged with the...

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