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SMITH v. STATE

No. 76491.

641 So.2d 1319 (1994)

Derrick Tyrone SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied September 12, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Paul C. Helm, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for appellant.

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

PER CURIAM.

Derrick Tyrone Smith appeals his conviction of first-degree murder and his sentence of death for the murder of a cab driver in St. Petersburg. We have jurisdiction based on article V, section 3(b)(1) of the Florida Constitution.

This case is an appeal of Smith's conviction on retrial for the killing of cab driver Jeffrey Songer.1 On retrial, the jury convicted Smith of first-degree murder and recommended death by a...

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