Opinion
Case No. SC00-1092.
October 10, 2006.
Lower Tribunal No. 97-1352-CF.
Jurisdiction in this case was relinquished on November 18, 2004, to the circuit court for a determination of mental retardation in accordance with Florida Rule of Criminal Procedure 3.203. The circuit court, having determined that the appellant, Demetris Omar Thomas, meets the statutory definition of mental retardation, has returned this case to this Court. Because the State stipulated to the circuit court's finding, and thus will not appeal this determination, we hereby vacate Thomas's death sentence and remand this case to the circuit court for imposition of a sentence of life imprisonment without eligibility for parole, in accordance with section 775.082(1), Florida Statutes (1997).
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.