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HAZEN v. STATE

No. 84645.

700 So.2d 1207 (1997)

James Wayne HAZEN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied October 29, 1997.

Attorney(s) appearing for the Case

Lynn A. Williams, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Richard B. Martell, Chief, Capital Appeals; and Gypsy Bailey and Carolyn M. Snurkowski, Assistant Attorneys General, Tallahassee, for appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon James Wayne Hazen. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm Hazen's convictions for one count of first-degree felony murder, three counts of armed sexual battery, one count of burglary of a dwelling with an assault and intent to commit theft, and one count of armed robbery. We vacate his sentence of death, however, and remand to the...

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