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STATE v. DUNCAN

Nos. SC02-636, SC03-145.

894 So.2d 817 (2004)

STATE of Florida, Appellant/Cross-Appellee, v. Donn A. DUNCAN, Appellee/Cross-Appellant. Donn Duncan, Petitioner, v. James V. Crosby, Jr., etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 11, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, FL, for Appellant/Cross Appellee/Petitioner.

Bill Jennings, Capital Collateral Regional Counsel, Marie-Louise Samuels Parmer, Assistant CCRC, Middle Region, Tampa, FL, for Appellee/Cross Appellant/Respondent.

PER CURIAM.

The State of Florida appeals an order of the circuit court granting in part and denying in part a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Duncan cross-appeals and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.

FACTS AND PROCEDURAL HISTORY

Donn Duncan was adjudicated guilty of the 1990 murder of Deborah Bauer. See Duncan...

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