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SMITH v. DUGGER

Nos. 75038, 75208.

565 So.2d 1293 (1990)

Frank Lee SMITH, Petitioner, v. Richard L. DUGGER, Respondent. Frank Lee SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 6, 1990.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative, and Thomas H. Dunn and K. Leslie Delk, Staff Attys., Office of the Capital Collateral Representative, Tallahassee, for petitioner/appellant.

Robert A. Butterworth, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent/appellee.

PER CURIAM.

Frank Lee Smith petitions this Court for a writ of habeas corpus, appeals the trial court's denial of his motion for postconviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, and seeks a stay of his scheduled execution. We have jurisdiction. Art. V, § 3(b)(1), (9), Fla. Const. We deny the petition for habeas corpus, reverse in part the summary denial of the rule 3.850 motion, and grant a stay of execution.

Smith was...

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