NORTON v. STATE

No. 88803.

709 So.2d 87 (1997)

Johnnie Lewis NORTON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 30, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, and Carol M. Dittmar, 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 Johnnie Norton. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. While we find that there is an absence of evidence in the record to support the finding of premeditation necessary to sustain Norton's conviction for first-degree murder, we find that the evidence in the record supports a conviction for manslaughter.

FACTS

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