Supreme Court of Florida June 13, 1973, No. 42816 (Simmons v. State)

PER CURIAM.

The appellant was convicted of rape without recommendation of mercy in the Circuit Court, in and for Pinellas County, Florida, and sentenced to death. Subsequently, under authority of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Supreme Court of Florida in In re Baker, 267 So.2d 331 (Fla.