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MENDOZA v. STATE

Nos. SC04-1881, SC05-2143.

964 So.2d 121 (2007)

Marbel MENDOZA, Appellant, v. STATE of Florida, Appellee. Marbel Mendoza, Petitioner, v. State of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied August 23, 2007.

Attorney(s) appearing for the Case

Neal A. Dupree, Capital Collateral Regional Counsel — Southern Region and Rachel L. Day and Carla Chavez, Assistant CCRC — Southern Region, Fort Lauderdale, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Sandra S. Jaggard, Assistant Attorney General, Miami, FL, for Appellee/Respondent.

PER CURIAM.

Marbel Mendoza appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.850, and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. We find that the circuit court erred in denying Mendoza's postconviction claims. Neither in its order nor in the record did the circuit...

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