BOYETT v. STATE

No. 81971.

688 So.2d 308 (1996)

Matthew Dale BOYETT, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 19, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and W.C. McLain, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Appellant

Robert A. Butterworth, Attorney General and Gypsy Bailey, Assistant Attorney General, Tallahassee, Florida, for Appellee


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Matthew Dale Boyett. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Boyett was convicted of first-degree murder and burglary of a dwelling. The trial judge overrode the jury's life recommendation and imposed the death penalty. For the reasons set forth below, we affirm Boyett's conviction, but reverse his death sentence.

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