GALLOWAY v. STATE

No. 2D00-255.

787 So.2d 972 (2001)

David F. GALLOWAY, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

June 29, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Special Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.


GREEN, Judge.

The appellant appeals the trial court's judgment and sentence adjudicating him guilty of first-degree murder and sentencing him to life imprisonment. The State cross-appeals the trial court's decision to override the jury's recommendation that appellant be sentenced to death, complaining that the trial court improperly found three of the four aggravating factors merged into one.

We affirm the judgment and sentence, and with respect to the State...

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