ROBERT LEE MCCRAE, APPELLANT,
v.
METROPOLITAN DADE COUNTY, APPELLEE

Fla. 3d DCA | 1980-05-13
No. 79-1925
Before HUBBART, NESBITT, and DANIEL PEARSON, JJ.
383 So. 2d 319 Florida District Court of Appeal, Third District (1980)

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Synopsis

The court affirmed the trial court's reimposition of the death penalty, finding that the trial judge properly considered aggravating and mitigating factors, including nonstatutory mitigating evidence, and that the jury override was permissible.


Holding

The court held that the trial court did not err in reimposing the death penalty, as it properly weighed the aggravating and mitigating factors and found the aggravating factors sufficient to outweigh the mitigating evidence.


Facts & Procedural History

James Curtis McCrae appealed an order reimposing the death penalty after he was convicted of first-degree felony murder. Following previous appeals an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the circuit court dismissing the appeal is reversed and the appeal reinstated on the reasoning and authority of Murray v. Metropolitan Dade County, 382 So. 2d 884 (Fla. 3d DCA 1980).

Reversed and remanded.


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