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BALLARD v. STATE

No. SC08-2041.

66 So.3d 912 (2011)

Roy Phillip BALLARD, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

June 30, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Steven L. Bolotin , Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Stephen D. Ake , Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

We have for review the judgment and sentence of the trial court adjudicating Roy Phillip Ballard guilty of first-degree murder and imposing a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated herein, we affirm the conviction, but vacate the sentence of death and reduce Ballard's sentence to life imprisonment without the possibility of parole.

FACTS AND PROCEDURAL HISTORY

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