ROGER LEE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1973-12-05
No. 42522
Carlton, C.J., Roberts, J., Ervin, J., McCain, J., Dekle, J.
286 So. 2d 548 Florida Supreme Court (1973)

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Synopsis

Florida Supreme Court affirmed a first-degree murder conviction and life sentence after the death sentence was previously reduced under Furman v. Georgia.


Holding

The conviction for first-degree murder and the reduced sentence of life imprisonment are affirmed.


Headnotes

[1] A capital case retains appellate jurisdiction in the Florida Supreme Court even after the death sentence is reduced to life imprisonment under Furman v. …

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Facts & Procedural History

Hall was convicted of first-degree murder without recommendation of mercy in Hillsborough County Circuit Court and sentenced to death; the sentence wa…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was convicted of murder in the first degree without recommendation of mercy in the Circuit Court, Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, and received a sentence of death. Subsequently, under the 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 et al. v. State, 267 So. 2d 8 (Fla.1972), reduced appellant’s sentence from death to life imprisonment. At the time the notice of appeal was filed in this cause, this Court had jurisdiction because, at such time this case was a capital case. Since our jurisdiction attached, we retained jurisdiction for all purposes. Anderson et al. v. State, supra.

In the exercise of our discretion, we have dispensed with oral argument pursuant to Rule 3.10(e), Florida Appellate Rules, 32 F.S.A. We have examined and considered the record in this case in the light of briefs filed and have also, pursuant to Florida Appellate Rule 6.16(b), reviewed the evidence to determine if the interests of justice require a new trial, with the result that we find no reversible error is made to appear and the evidence does not reveal that the ends of justice require a new trial to be awarded. Accordingly, the conviction, as previously modified by reduction of appellant’s sentence from death to life imprisonment, is hereby affirmed.

It is so ordered.

CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.


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