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ROBERTS v. STATE

No. SC92496.

840 So.2d 962 (2002)

Rickey Bernard ROBERTS, Appellant, Cross-Appellee, v. STATE of Florida, Appellee, Cross-Appellant.

Supreme Court of Florida.

Rehearing Denied March 13, 2003.

Attorney(s) appearing for the Case

Martin J. McClain, Special Assistant CCRC—South, Brooklyn, NY, and Office of the Capital Collateral Regional Counsel for the Southern Region, Fort Lauderdale, FL, for Appellant, Cross-Appellee.

Richard E. Doran, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, Miami, FL, for Appellee, Cross-Appellant.

PER CURIAM.

Rickey Bernard Roberts appeals an order of the circuit court denying a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The State has filed a notice of cross appeal of another order granting postconviction relief. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Roberts was convicted of first-degree murder, armed sexual battery, and armed kidnaping. The facts of the murder are set forth in

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