CARABALLO v. STATE

No. SC07-1375.

39 So.3d 1234 (2010)

Victor CARABALLO, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

June 24, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Andrew Stanton, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, Florida, Sandra Jaggard, and Lisa A. Davis, Assistant Attorneys General, Miami, FL, for Appellee.


PER CURIAM.

This case is before the Court on appeal from 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 explained below, we affirm Caraballo's convictions; however, we reverse his death sentence and remand this case to the trial court for a new penalty phase.

OVERVIEW

Victor Caraballo (Caraballo) was convicted of the 2002 first-degree murder...

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