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GONZALEZ v. STATE

No. 2D02-1646.

829 So.2d 277 (2002)

Francisco GONZALEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 5, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert J. Trogolo, Assistant Public Defender, Bartow, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Respondent.

FULMER, Judge.

Francisco Gonzalez petitions this court for a writ of certiorari to review a trial court order denying his motion to strike the State's Notice of Intent to Seek Death Penalty. We grant the petition because we agree that Gonzalez should not be required to comply with the provisions of Florida Rule of Criminal Procedure 3.202 under the circumstances of this case. Our decision does not affect the State's ability to seek the death penalty.

Rule...

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