Zerquera v. State

In Zerquera v. State, 549 So. 2d 189 (Fla. 1989), the Court reversed a murder conviction because the trial court erroneously sustained objections to testimony that bullets of the same caliber used in the killing were discovered in a codefendant's belongings. Id. at 191-92. Dissenting in part, Justice Grimes stated that he would have granted only a new penalty phase. He concluded that "the question of who did the actual shooting directly bears on whether Zerquera should receive the death penalty." Id. at 193 (Grimes, J., concurring in part and dissenting in part).