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STATE v. CONEY

Nos. SC01-1185, SC02-900.

845 So.2d 120 (2003)

STATE of Florida, Appellant, Cross-Appellee, v. Jimmie Lee CONEY, Appellee, Cross-Appellant. Jimmie Lee Coney, Petitioner, v. James V. Crosby, Jr., Respondent.

Supreme Court of Florida.

Rehearing Denied May 2, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Lisa A. Rodriguez, Miami, FL and Scott A. Browne, Tampa, FL, Assistant Attorneys General, for Appellant, Cross-Appellee/Petitioner.

William M. Hennis, III, Assistant Capital Collateral Regional Counsel, Fort Lauderdale, FL, for Appellee, Cross-Appellant/Respondent.

SHAW, Senior Justice.

The State of Florida appeals an order of the circuit court vacating the sentence of death imposed on Jimmie Lee Coney and granting a new penalty phase proceeding before a jury pursuant to his first motion filed under Florida Rule of Criminal Procedure 3.850 following an evidentiary hearing. Coney cross-appeals. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm. Coney also petitions this Court for a writ of habeas...

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