Engleke v. Estate of Engelke

Mark Anthony Poole was indicted, tried, and convicted of attempted first-degree murder, armed burglary, armed robbery, sexual battery, and first-degree murder. Poole appeals his conviction and his sentence of death for the first-degree murder. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm Pooles convictions but vacate his sentence of death and remand for a new penalty phase proceeding.