COOLEN v. STATE

No. 84018.

696 So.2d 738 (1997)

Michael Thomas COOLEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied July 8, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Douglas S. Connor, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for Appellant.

Robert A. Butterworth, Attorney General and Candance M. Sabella, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Michael Thomas Coolen. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. We reverse the first-degree murder conviction and vacate the death sentence because the evidence was insufficient to prove premeditation.

Coolen was charged with first-degree murder for the stabbing death of John Kellar on November 7, 1992....

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