Biondi v. State

OPINION

A jury convicted appellant Joseph Biondi of the first degree murder of Timothy Smith with the use of a deadly weapon. The jury found one aggravating circumstance: that Biondi had been convicted of a felony involving the threat of violence to the person of another. The jury sentenced Biondi to death. Biondi has appealed from his judgment of conviction asserting numerous assignments of error which we reject as meritless. We hold, however, that the imposition of the death sentence in the instant case is disproportionate to sentences imposed in similar cases. We therefore vacate Biondi’s…