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MESSER v. STATE

No. 49780.

384 So.2d 644 (1979)

Charles Dwight MESSER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

On Rehearing June 5, 1980.

Attorney(s) appearing for the Case

Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The decision and opinion rendered by the Court on April 26, 1979, are withdrawn.

This case was previously before the Court on appeal. Art. V, § 3(b)(1), Fla. Const. The sentence of death was vacated and the case remanded for a second sentencing trial. Messer v. State, 330 So.2d 137 (Fla. 1976). The second sentencing proceeding resulted in a sentence of death and this appeal followed.

Subsequently...

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