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JIMENEZ v. STATE

No. SC05-2373.

997 So.2d 1056 (2008)

Jose Antonio JIMENEZ, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

As Revised on Denial of Rehearing September 29, 2008.

As Revised on Denial of Rehearing December 18, 2008.

Third Rehearing Denied January 29, 2009.

Attorney(s) appearing for the Case

Martin J. McClain of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.

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

PER CURIAM.

Jose Antonio Jimenez seeks review of the denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

FACTUAL AND PROCEDURAL HISTORY

Jimenez was convicted of both first-degree murder and burglary with an assault and battery in an occupied dwelling, and he was subsequently sentenced to death. See Jimenez v. State,

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