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DAILEY v. STATE

No. 83160.

659 So.2d 246 (1995)

James Milton DAILEY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 22, 1995.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen. and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We have on appeal the sentence of the trial court imposing the death penalty upon James Dailey. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm.

The facts are set out fully in Dailey v. State, 594 So.2d 254 (Fla. 1991). Dailey and another man drove fourteen year-old Shelly Boggio to a deserted beach near St. Petersburg where Dailey tortured her with a knife,

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