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SMITH v. STATE

No. SC13-4.

151 So.3d 1177 (2014)

Joseph P. SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied November 26, 2014.

Attorney(s) appearing for the Case

James Vincent Viggiano, Jr., Capital Collateral Regional Counsel, Middle Region, Tampa, FL, and Robert T. Strain, Assistant-Capital Collateral Regional Counsel, Middle Region, Tampa, FL, and Ann Marie Mirialakis, Assistant-Capital Collateral Regional Counsel, Middle Region, Tampa, FL, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, FL, and Carol Marie Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.

This case is before the Court on appeal from an order denying a motion to vacate a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

FACTS

A jury convicted Joseph Peter Smith of the kidnapping, capital sexual battery, and first-degree murder of...

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