DEVINEY v. STATE

No. SC10-1436.

112 So.3d 57 (2013)

Randall T. DEVINEY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

February 21, 2013.


Attorney(s) appearing for the Case

Nancy Ann Daniels , Public Defender and Nada Margaret Carey , Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Appellant.

Pamela Jo Bondi , Attorney General and Stephen Richard White , Assistant Attorney General, Tallahassee, FL, for Appellee.


PER CURIAM.

This case is before the Court on appeal from the conviction of Randall T. Deviney for the first-degree murder of Delores Futrell and sentence of death. A jury recommended death by a 10-2 vote. The trial court accepted that recommendation and sentenced him to death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons provided below, we reverse and remand for a new trial.

FACTS

On the evening of August 5...

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