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STATE v. GUNSBY

No. 84977.

670 So.2d 920 (1996)

STATE of Florida, Appellant, Cross-Appellee, v. Donald GUNSBY, Appellee, Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied March 28, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Kenneth S. Nunnelley, Assistant Attorney General, Daytona Beach, for Appellant, Cross-Appellee.

Bruce A. Peterson, Minneapolis, MN, and Douglas J. Chumbley of Popham, Haik, Schnobrich & Kaufman, Miami; John M. Baker of Greene Espel, Minneapolis, MN, and James C. Lohman, Tallahassee, for Appellee, Cross-Appellant.

PER CURIAM.

The State of Florida appeals an order entered pursuant to Florida Rule of Criminal Procedure 3.850, in which the trial judge vacated Donald Gunsby's sentence of death and ordered a new sentencing proceeding. Gunsby cross-appeals an order entered pursuant to rule 3.850, in which the trial judge denied his motion to vacate the conviction. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons...

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