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STATE v. MAXWELL

No. 93-2760.

647 So.2d 871 (1994)

STATE of Florida, Petitioner, v. Chester MAXWELL, Respondent.

District Court of Appeal of Florida, Fourth District.

Opinion Withdrawn on Motion for Rehearing January 18, 1995.

Opinion Republished in Full January 18, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for petitioner.

Carey Haughwout of Tierney & Haughwout, West Palm Beach, for respondent.

STONE, Judge.

We grant certiorari and quash an order declaring unconstitutional that part of the capital sentencing statute allowing victim impact evidence, section 921.141(7), Florida Statutes.

Respondent was convicted of first degree murder in 1981. The supreme court vacated his death sentence and ordered a new penalty phase. Maxwell v. State, 603 So.2d 490 (Fla. 1992...

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