BROWN v. STATE

No. 85-2201.

501 So.2d 1343 (1987)

Horace BROWN, Appellant/Cross-Appellee, v. The STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 3, 1987.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee/cross-appellant.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

Brown appeals from his conviction for first-degree murder and from his sentence for aggravated assault. The state cross-appeals from the trial court's finding that the death penalty was inapplicable to this case. We affirm Brown's convictions but reverse his sentences, holding that the sentence for aggravated assault in this case was outside of the statutory maximum and that the death penalty is applicable to Brown's conviction for first-degree murder...

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