PER CURIAM.
The state appeals from an order granting Henry Perry Sireci a new death penalty sentencing hearing. We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution.
Sireci was convicted of and sentenced to death for the first-degree murder of Howard Poteet, the owner of a used car lot. Sireci went to the car lot to take some keys to a car so he could come back later and steal it. A struggle ensued, and Poteet was killed...
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