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ALLEN v. STATE

No. 79003.

636 So.2d 494 (1994)

Jerome ALLEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearings Denied May 23, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, and Professor Victor L. Streib, Cleveland State University, Cleveland, OH, for appellant.

Robert A. Butterworth, Atty. Gen. and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

Howard Babb, Public Defender and Billy H. Nolas, Asst. Public Defender, and Julie D. Naylor, Ocala, amicus curiae for the Fifth Judicial Circuit Public Defender.

Mark Evan Olive, Tallahassee, amicus curiae for Children First Partners.

PER CURIAM.

Jerome Allen appeals from a judgment imposing a sentence of death upon him. We have jurisdiction.1

On December 10, 1990, Stephen DuMont was robbed and wounded by a shotgun while working at a gas station in Titusville. He did not immediately lose consciousness and, before his death, was able to describe his assailants and the car they were driving. The automobile's description was similar to that of a car later reported...

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