SMITH v. STATE

No. 78199.

708 So.2d 253 (1998)

Frank Lee SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 8, 1998.


Attorney(s) appearing for the Case

Gregory C. Smith, Capital Collateral Regional Counsel, Northern Region, and Stephen M. Kissinger, Chief Assistant Capital Collateral Regional Counsel, Northern Region, Tallahassee, Peter Warren Kenny, Capital Collateral Regional Counsel, Southern Region, and Martin J. McClain, Litigation Director, Office of the Capital Collateral Regional Counsel, Southern Region, Miami, for Appellant.

Robert A. Butterworth, Attorney General, and Sara D. Baggett, Assistant Attorney General, West Palm Beach, for Appellee.


PER CURIAM.

Frank Lee Smith appeals an order entered by the trial court below pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), (7), Fla. Const.

The procedural history of this case is set forth in State v. Lewis, 656 So.2d 1248 (Fla. 1994),1 as follows:

Smith was convicted of first-degree murder and sentenced to death by Judge...

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