JAMES WESLEY HARKLEROAD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
The appellant was convicted of murder in the first degree without recommendation of mercy in the Circuit Court in and for Hillsborough County, Florida. Subsequently, under authority of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Supreme Court of Florida in Anderson v. State, 267 So.2d 8 (Fla.1972), reduced appellant’s sentence from death to life imprisonment. After argument, and upon careful consideration of the record and briefs in this case, we find no reversible error. Accordingly, the conviction, as previously modified by reduction of sentence, is affirmed.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Floyd v. State, 569 So. 2d 1225 (Fla. 1990)…d on the jury. Thus, Floyd failed to preserve his position for appeal. Reilly v. State, 557 So. 2d 1365, 1367 (Fla.1990); Hill, 477 So. 2d at 556; Young v. State, 234 So. 2d 341, 348-49 (Fla.1970), receded from on other grounds, State v. Retherford, 270 So. 2d 363 (Fla.1972), cert. denied, 412 U.S. 953, 93 S.Ct. 3020, 37 L.Ed.2d 1007 (1973); Rollins v. State, 148 So. 2d 274, 276 (Fla.1963). We reject Floyd’s third claim that the trial court erred in preventing Anderson’s daughter from expressing her opinion…
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Nixon v. State, 572 So. 2d 1336 (Fla. 1990)…cumulative, constituted an unnecessarily large number of inflammatory photographs. Cf. Young v. State, 234 So. 2d 341 (1970) (error [*1343] to admit forty-five gruesome photographs of the victim), receded from on other grounds, State v. Retherford, 270 So. 2d 363 (Fla.1972). Nixon is correct that the challenged photographs are extremely gruesome; they accurately depict the fact, as noted in the trial court’s sentencing order, that “Jeanne Bickner was the victim of a vicious, barbaric and savage murder.” Howe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
- Earnest Eugene Anderson v. State, 267 So. 2d 8 (Fla. 1972)