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DE LA HOZ v. CREWS

No. 3D13-811.

123 So.3d 101 (2013)

Felipe DE LA HOZ, Petitioner, v. Michael D. CREWS, Secretary, Florida Department of Corrections, Timothy P. Ryan, Director, Miami-Dade Corrections etc., and the State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 29, 2013.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Stephen J. Weinbaum , Assistant Public Defender, for petitioner.

Pamela Jo Bondi , Attorney General, and Jay E. Silver , Assistant Attorney General, for respondents.

Before SUAREZ and LOGUE, JJ., and SCHWARTZ, Senior Judge.

ON PETITION FOR WRIT OF HABEAS CORPUS

SUAREZ, J.

Felipe De La Hoz petitions for a writ of habeas corpus to vacate his April, 2010, second-degree murder conviction and to remand for a new trial pursuant to the decision in Haygood v. State, 109 So.3d 735 (Fla.2013). We have jurisdiction. Fla. R.App. P. 9.030(b)(3). We grant the petition based solely on the particular procedural history of his appeal.

De La...

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