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STATE v. LARZELERE

Nos. SC05-611, SC06-148.

979 So.2d 195 (2008)

STATE of Florida, Appellant/Cross-appellee, v. Virginia LARZELERE, Appellee/Cross-appellant. Virginia Gail Larzelere, Petitioner, v. Walter A. McNeil, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied April 3, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, Kenneth S. Nunnelley, Senior Assistant Attorney General, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellant/Cross-Appellee/Respondent.

Bill Jennings, Capital Collateral Regional Counsel, and David Dixon Hendry, Assistant CCRC, Middle Region, Tampa, FL, for Appellee/Cross-Appellant/Petitioner.

PER CURIAM.

The State of Florida appeals an order of the circuit court granting in part Virginia Gail Larzelere's motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, in which the trial judge vacated Larzelere's sentence of death and ordered a new sentencing proceeding. Larzelere cross-appeals the trial court's order, asserting that the trial judge erroneously denied her motion to vacate her conviction for first-degree murder, and petitions...

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