McNair v. State

ON RETURN TO REMAND

BOWEN, Presiding Judge.

On July 24,1992, this Court remanded this cause for new sentence proceedings before the jury and before the trial court because we determined that evidence of the appellant’s prior Florida conviction based upon a plea of nolo contendere had been improperly admitted and considered in the original sentence proceedings. 653 So.2d 320. On January 25-28, 1993, sentence proceedings were held before a jury, after the appellant’s motion for a change of venue had been granted and the case had been transferred to Montgomery County. The jury recommended of…