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MUHAMMAD v. STATE

No. SC90030.

782 So.2d 343 (2001)

Akeem MUHAMMAD, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 5, 2001.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Appellant.

Akeem Muhammad, Raiford, FL, Appellant, pro se.

Robert A. Butterworth, Attorney General, and David M. Schultz and Leslie T. Campbell, Assistant Attorneys General, West Palm Beach, FL, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Akeem Muhammad. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we uphold the conviction but vacate the death penalty and remand for new sentencing proceedings.

Akeem Muhammad was convicted and sentenced to death for the July 20, 1995, murder of Jimmy Lee Swanson. Swanson was at a convenience store talking...

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