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STATE v. PITTS

No. L-462.

241 So.2d 399 (1970)

STATE of Florida, Appellant, v. Freddie Lee PITTS and Wilbert Lee, Appellees.

District Court of Appeal of Florida, First District.

December 3, 1970.

Attorney(s) appearing for the Case

J. Frank Adams, State's Atty., and Leo C. Jones, Asst. State's Atty., for appellant.

Phillip A. Hubbart, Asst. Public Defender; Irwin J. Block, Barry N. Semet, Miami, and Maurice Rosen, North Miami Beach, for appellees.

RAWLS, Judge.

The State has appealed an order on a Criminal Rule 1.850 33 F.S.A. motion vacating the judgments and death sentences of Freddie Lee Pitts and Wilbert Lee for first degree murder of two attendants (Floyd and Burkett) of the Mo Jo Service Station in Gulf County.

Pitts and Lee in 1963, after being assured they would get a jury trial on the issue of mercy and that the State would not use pictures of the murdered victims, pleaded guilty to indictments...

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