PEREZ v. STATE

No. SC03-1651.

919 So.2d 347 (2005)

Daniel Ely PEREZ, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

As Revised on Denial of Rehearing January 5, 2006.


Attorney(s) appearing for the Case

Diamond R. Litty, Public Defender and Gary Lee Caldwell, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Mitchell Egber and Leslie T. Campbell, Assistant Attorneys General, West Palm Beach, FL, for Appellee.


PER CURIAM.

We have on appeal a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm the appellant's conviction but vacate the death sentence, and remand for a new penalty phase proceeding.

Facts and Procedural History

On October 1, 2004, the grand jury indicted appellant, Daniel Ely Perez, and Calvin Cedric Green for the...

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