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STATE v. SPAZIANO

No. 87364.

692 So.2d 174 (1997)

STATE of Florida, Appellant, v. Joseph R. SPAZIANO, Appellee.

Supreme Court of Florida.

April 17, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; and Margene A. Roper and Kenneth S. Nunnelley, Assistant Attorneys General, Daytona Beach, for Appellant.

Gregg D. Thomas and Stephen F. Hanlon of Holland & Knight, Tampa; and James M. Russ of the Law Offices of James M. Russ, P.A., Orlando, for Appellee.

PER CURIAM.

In our decision in Spaziano v. State, 660 So.2d 1363 (Fla.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 722, 133 L.Ed.2d 674 (1996), we remanded this cause to the trial court for an evidentiary hearing on the newly discovered evidence of the recantation of trial testimony by a primary trial witness. In doing so, we gave the trial judge the responsibility to determine whether the recanted testimony of Anthony...

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