JOHNSON v. STATE

No. 86,134.

750 So.2d 22 (1999)

Tivan JOHNSON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied January 12, 2000.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Christina A. Spaulding and Brent E. Newton, Assistant Public Defenders, Eleventh Judicial Circuit, 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 of the trial court adjudicating Tivan Johnson guilty of first-degree murder and other crimes and sentencing him to death. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. We affirm Johnson's convictions but vacate his death sentence and remand for a new penalty phase proceeding before a jury based upon the absence of Johnson and his counsel during part of the penalty phase proceedings...

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