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STATE v. MILLS

No. SC01-879.

788 So.2d 249 (2001)

STATE of Florida, Appellant/Cross-Appellee, v. Gregory MILLS, Appellee/Cross-Appellant.

Supreme Court of Florida.

June 8, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Kenneth S. Nunnelley and Judy Taylor Rush, Assistant Attorneys General, Daytona Beach, FL, for Appellant/Cross-Appellee.

Todd G. Scher, Litigation Director, Capital Collateral Regional Counsel-South, Fort Lauderdale, FL, for Appellee/Cross-Appellant.

PER CURIAM.

The State of Florida appeals the trial court's order on Gregory Mills' third motion filed pursuant to Florida Rule of Criminal Procedure 3.850 which granted Mills a new sentencing hearing. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.1 For the reasons which follow, we affirm the ruling of the trial court.

In his 3.850 motion, Mills raised two issues: (1) that newly discovered evidence established...

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