Gardner v. State

Kenneth Gardner appeals his convictions of and sentences for first-degree murder and robbery with a deadly weapon. We have jurisdiction based upon the death sentence imposed on him. Art. V, § 3(b)(1), Fla. Const. We remand for a new trial because of procedural error.

A two-count indictment charged Gardner with the robbery and stabbing death of Joseph Holda. Gardner and his three accomplices, Tony Capers, Larry Hadley, and Debra Tyler, entered Holda's hardware store in Clearwater on March 23, 1983 with the intent to rob the store. Tony Capers hit Holda, knocking him unconscious, then opened a…