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SUMMARY OF ARGUMENT

The court which sentenced Jeff Muehleman to death failed to make the findings of fact as to aggravating and mitigating circumstances required by Florida's capital sentencing statute be- fore he orally imposed sentence. His written findings in support of the death sentence were only filed after the circuit court was divested of jurisdiction by the filing of Jeff Muehleman's notice of appeal to this court. Van Royal v. State dictates vacation of the sentence of death.

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