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ADAWAY v. STATE

No. SC04-239.

902 So.2d 746 (2005)

Darrick Terrell ADAWAY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 10, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Richard Polin, Bureau Chief, Criminal Appeals and Paulette R. Taylor, Assistant Attorney General, Miami, FL, for Appellee.

CANTERO, J.

We review Adaway v. State, 864 So.2d 36 (Fla. 3d DCA 2003), which expressly declared valid a state statute mandating life imprisonment without the possibility of parole for persons convicted of capital sexual battery. We have discretionary jurisdiction and granted review. See art. V, § 3(b)(3), Fla. Const.; Adaway v. State, 871 So.2d 871 (Fla.2004) (order granting review).1...

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