STATE v. BREEDLOVE

No. 82731.

655 So.2d 74 (1995)

STATE of Florida, Appellant, v. McArthur BREEDLOVE, Appellee.

Supreme Court of Florida.

Rehearing Denied June 1, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Richard B. Martell, Chief, Capital Appeals, Tallahassee, for appellant.

Michael J. Minerva, Capital Collateral Representative, Gail E. Anderson, Todd G. Scher and Terri L. Backhus, Asst. Capital Collateral Representatives, Office of the Capital Collateral Representative, Tallahassee, for appellee.


PER CURIAM.

The State appeals an order vacating Breedlove's death sentence and granting Breedlove a new sentencing hearing. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution.

Breedlove was convicted in 1979 of first-degree felony murder for killing a man during a residential burglary. The jury recommended that Breedlove be sentenced to death, and the trial judge imposed the death penalty. The judge found the following...

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