ELAM v. STATE

No. 80039.

636 So.2d 1312 (1994)

David Mueller ELAM, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearings Denied June 6, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen. and Sara D. Baggett, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon David Mueller Elam. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the conviction, vacate the sentence, and remand for imposition of a life sentence.

Elam was hired by the victim, Carl Beard, to manage Beard's motorcycle parts store. When Beard confronted Elam on December 17, 1991, concerning misappropriated funds, an altercation...

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