DONALDSON v. STATE

No. 88205.

722 So.2d 177 (1998)

Charles D. DONALDSON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied December 17, 1998.


Attorney(s) appearing for the Case

Nancy C. Daniels, Public Defender, and Chet Kaufman, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Barbara J. Yates, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Charles D. Donaldson. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we affirm Donaldson's convictions but reverse his sentence of death and remand this case to the trial court for a new penalty-phase proceeding.

MATERIAL FACTS

The State's case against Donaldson was based primarily upon the testimony of...

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