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FLORIDA DEPT. OF CORRECTIONS v. WATTS

No. SC00-1591.

800 So.2d 225 (2001)

FLORIDA DEPARTMENT OF CORRECTIONS, Appellant, v. Tony Randall WATTS, Appellee.

Supreme Court of Florida.

November 8, 2001.

Attorney(s) appearing for the Case

Susan Schwartz, Assistant General Counsel, Tallahassee, FL, for Appellant.

Gregory C. Smith, Capital Collateral Counsel, Andrew Thomas, Chief Assistant CCRC, William J. Edwards, Staff Attorney, and John A. Tomasino, Assistant CCC, Office of the Capital Collateral Regional Counsel—Northern Region, Tallahassee, FL, for Appellee.

PER CURIAM.

This is an interlocutory appeal of an order entered by the trial court during capital postconviction proceedings. Pursuant to our decision in Trepal v. State, 754 So.2d 702 (Fla.2000), we have jurisdiction based on article V, section 3(b)(1) of the Florida Constitution to review interlocutory orders in capital collateral postconviction proceedings.

In Trepal, we adopted a two-prong test for determining...

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