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STATE v. MATUTE-CHIRINOS

No. 97-2870.

732 So.2d 349 (1998)

The STATE of Florida, Petitioner, v. Aludin Jael MATUTE-CHIRINOS Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 2, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Randall Sutton, Assistant Attorney General, for petitioner.

Bennett H. Brummer, Public Defender and Louis Campbell, Assistant Public Defender, for respondent.

Before LEVY, GERSTEN, and GREEN, JJ.

PER CURIAM.

The state seeks certiorari review of an order finding the record evidence to be insufficient to warrant jury instructions on the aggravating circumstance of section 921.141(h), Florida Statutes (1997), that the capital felony was especially heinous, atrocious or cruel and section 921.141(d), Florida Statutes (1997), that the capital felony was committed while the respondent was engaged in the commission of, or an attempt to commit a kidnapping. We have...

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