Bell v. State

On this appeal from the denial of his motion to vacate, set aside or correct sentence filed pursuant to Fla.R.Crim.P. 3.850, Edward Bell contends that the trial court committed fundamental error in trying him under an information for a capital offense. We agree and reverse.

On June 10, 1972, appellant was arrested for first degree murder, which was then a capital offense. On July 24, 1972, Florida’s statutory procedure for imposing the death penalty became unconstitutional by the decision of the Supreme Court of the United States in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d…