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SANDERS v. STATE

Nos. SC03-640, SC03-642.

946 So.2d 953 (2006)

Robert Lavon SANDERS, Petitioner, v. STATE of Florida, Respondent. State of Florida, Petitioner, v. Solomon Willis, Respondent.

Supreme Court of Florida.

Rehearing Denied January 5, 2007.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and David A. Davis, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner in No. SC03-640.

Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Tallahassee Bureau Chief Criminal Appeals, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, FL, for Respondent in No. SC03-640.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, James J. Carney and Claudine M. LaFrance, Assistant Attorneys General, West Palm Beach, FL, for Petitioner in No. SC03-642.

Bianca G. Liston of Cabaniss, Smith, Toole and Wiggins, PL, Maitland, FL and James K. Clark of Clark, Robb, Mason, Coulombe, Buschman and Cecere, Miami, FL, for Respondent in No. SC03-642.

CANTERO, J.

In this case, we consider whether a defendant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel for failing to request an instruction on a lesser-included offense. We have consolidated two cases for review, Sanders v. State, 847 So.2d 504 (Fla. 1st DCA 2003), and Willis v. State, 840 So.2d 1135 (Fla. 4th DCA 2003), which conflict with...

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