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275 So. 2d 243

Forward v. State

Supreme Court of Florida

Decided March 21, 1973

Supreme Court of Florida · decided 1973-03-21

Relies on Furman v. Georgia · 267 So. 2d 8 - Anderson v. State

Decided 1973-03-21

PER CURIAM.

¶1The appellant was convicted of murder in the first degree without recommendation of mercy in the Circuit Court, Fourteenth Judicial Circuit, in and for Bay County, Florida. 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.

¶2In the exercise of our discretion, we have dispensed with oral argument pursuant to Rule 3.10(e), Florida Appellate Rules, 32 F.S.A.

¶3Upon careful consideration of the record and briefs in this cause, we find no reversible error. Accordingly, the conviction, as previously modified by reduction of appellant’s sentence from death to life imprisonment, is affirmed.

¶4It. is so ordered.

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