SINCLAIR v. STATE

No. 82499.

657 So.2d 1138 (1995)

Kevin SINCLAIR, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

June 22, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen. and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Kevin Sinclair. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the conviction but vacate the sentence of death.

On January 20, 1993, at approximately 1:00 p.m., Kristine Pellizze was awakened by a loud bang at her home on Wakefield Street in Palm Bay. The noise was from a taxicab smashing into her garage door. Upon further investigation...

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