SAN MARTIN v. STATE

No. 84702.

717 So.2d 462 (1998)

Pablo SAN MARTIN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 9, 1998.


Attorney(s) appearing for the Case

Lee Weissenborn, Miami, for Appellant.

Robert A. Butterworth, Attorney General and Randall Sutton, Assistant Attorney General, Miami, for Appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty on Pablo San Martin. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. We affirm San Martin's convictions. However, because we find that the trial court's override of the jury's recommendation of a life sentence was improper, we vacate the death sentence and remand for imposition of a life sentence.

The defendant and...

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