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MORELAND IN AND FOR TWELFTH JUDICIAL CIRCUIT v. SMITH

No. 95-02623.

664 So.2d 1039 (1995)

Earl MORELAND, as State Attorney, In and For the TWELFTH JUDICIAL CIRCUIT, Petitioner, v. Honorable Gilbert SMITH, and William R. Hill, a/k/a Billy Boyd, a/k/a Billy Wood, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 11, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Landry, Assistant Attorney General, Tampa, for Petitioner.

Harmon Karasick, Bradenton, for Respondent, William Russell Hill.

PER CURIAM.

In its petition for writ of certiorari, the state seeks review of an order from the trial court declaring death not to be a possible penalty in respondent Billy Hill's prosecution for first degree murder. Because the court below erroneously found that the state had previously waived the option of seeking the death penalty, we quash the order under review.

Hill entered into a negotiated plea to first degree murder in 1978 with the understanding...

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