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GREEN v. STATE

Nos. SC05-2265, SC06-1533.

975 So.2d 1090 (2008)

Crosley A. GREEN, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant. Crosley Alexander Green, Petitioner, v. James R. McDonough, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied January 31, 2008.

Attorney(s) appearing for the Case

John W. Jennings, Capital Collateral Regional Counsel, and Mark S. Gruber, Assistant CCR Counsel, Middle Region, Tampa, FL, for Appellant/Cross-Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, Florida, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee/Cross-Appellee/Respondent.

PER CURIAM.

Crosley Green appeals an order of the circuit court granting in part and denying in part his motion to vacate his first-degree murder conviction and sentence of death. He also petitions this Court for a writ of habeas corpus.1 The State cross-appeals, challenging the trial court's order granting Green a new penalty phase. As explained below, we affirm the trial court's order and deny Green's petition.

I. FACTS AND...

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