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FITZPATRICK v. STATE

No. SC01-2759.

900 So.2d 495 (2005)

Michael Peter FITZPATRICK, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

As Revised on Denial of Rehearing April 21, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Robert F. Moeller, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.

Charles, J. Crist, Jr., Attorney General, Tallahassee, FL and Kimberly Nolen Hopkins, Assistant Attorney General, and Katherine V. Blanco, Senior Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

We have on appeal a judgment of conviction of first-degree murder and sexual battery of Laura Romines, and the corresponding sentences of death for first-degree murder and thirty years' imprisonment for sexual battery. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons stated herein, we affirm the conviction of first-degree murder and sentence of death. However, we vacate the sentence for the non-capital offense of sexual...

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