STATE v. JOHNSTON

No. 98-01927.

712 So.2d 1160 (1998)

STATE of Florida, Petitioner, v. Ray Lamar JOHNSTON, Respondent.

District Court of Appeal of Florida, Second District.

June 12, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Landry, Assistant Attorney General, Tampa, for Petitioner.

Julianne M. Holt, Public Defender, and John J. Skye, Assistant Public Defender, Tampa, for Respondent.


PER CURIAM.

The State of Florida petitions this court for a writ of certiorari challenging the trial court's order in a capital murder prosecution which precludes, in the event of a conviction for first-degree murder, the State from presenting to the jury during the penalty phase of the trial any victim impact evidence authorized by section 921.141(7), Florida Statutes (1995).

Our supreme court has approved the admission of victim impact evidence to a jury...

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