RUSS v. STATE

No. SC09-923.

73 So.3d 178 (2011)

David Byron RUSS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

September 22, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and James R. Wulchak , Chief, Appellate Division, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Barbara C. Davis , Assistant Attorney General, Daytona Beach, 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.

I. OVERVIEW

David Byron Russ pleaded guilty to the first-degree murder of Madeleine Leinen. Prior to the penalty phase, Russ waived his right to present mitigation and waived his right to a penalty phase jury. The trial court accepted his waiver and sentenced...

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