FERNANDEZ v. STATE

No. 84,700

730 So.2d 277 (1999)

Fernando FERNANDEZ, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 15, 1999.


Attorney(s) appearing for the Case

Alfonso M. Saldana, Miami, Florida, for Appellant.

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


PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Fernando Fernandez. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the convictions. However, because we find that appellant's death sentence is not proportional, given the circumstance that Fernandez was not a triggerman, to the life sentences of his codefendants Pablo Abreu and Pablo San Martin, we vacate the death sentence and remand for...

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