Richard P. Franklin v. State of Florida

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons discussed below, we affirm the conviction, vacate the sentence of death, and remand for a new capital sentencing proceeding.

STATEMENT OF THE CASE & FACTS

Richard Franklin appeals his conviction and sentence for the first-degree murder of Sergeant Ruben Thomas. At all relevant times, Franklin was an inmate at the Columbia Correctional Institution (CCI), Annex Unit in Columbia County, Florida. He was serving…