James Franklin Rose v. State of Florida SC06-473 Mr. Rose was convicted of the first-degree murder of 8-year-old Lisa Berry, who was fatally beaten in 1976. He was sentenced to death twice but this Court vacated the sentences on appeal and ordered new sentencing proceedings. After the third sentencing, the jury voted 9-3 to recommend a death sentence and Mr. Rose was condemned a third time. This Court upheld the sentence on direct appeal and Mr. Rose filed a post-conviction challenge in the trial court. It was denied and this appeal followed. Broward County
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