BENEDITH v. STATE

No. 89368.

717 So.2d 472 (1998)

Arturo BENEDITH, Appellant, Cross-Appellee, v. STATE of Florida, Appellee, Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied September 10, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and George D.E. Burden, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Appellant, Cross-Appellee.

Robert A. Butterworth, Attorney General, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee, Cross-Appellant.


PER CURIAM.

We have on appeal the convictions and judgment of the trial court imposing a sentence of death upon Arturo Benedith. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm appellant's convictions for first-degree felony murder and robbery with a firearm but vacate the sentence of death and remand for imposition of a sentence of life imprisonment without eligibility for parole for twenty-five years.

On the night of May 5, 1993, the...

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