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LEBRON v. STATE

No. SC93955.

799 So.2d 997 (2001)

Jermaine LEBRON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied November 1, 2001.

Attorney(s) appearing for the Case

Robert A. Norgard, Bartow, FL, for Appellant.

Robert A. Butterworth, Attorney General, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, FL, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Jermaine Lebron for the 1995 murder of Larry Neal Oliver. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For reasons which follow, we affirm Lebron's convictions, but vacate his sentence of death, and remand for a new penalty phase proceeding.

I. FACTS

Guilt Phase Proceedings

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