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LOWE v. STATE

Nos. SC05-633, SC05-2333.

2 So.3d 21 (2008)

Rodney Tyrone LOWE, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant. Rodney Tyrone Lowe, Petitioner, v. Walter A. McNeil, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied January 27, 2009.

Attorney(s) appearing for the Case

Neal A. Dupree, Capital Collateral Regional Counsel, Rachel L. Day and Caroline E. Kravath, CCR Counsel, Southern Region, Fort Lauderdale, FL, for Appellant/Cross-Apellee/Petitioner.

Bill McCollum, Attorney General, Tallahassee, Florida, Leslie T. Campbell and Lisa-Marie Lerner, Assistant Attorneys General, West Palm Beach, FL, for Appellee/Cross-Appellant/Respondent.

PER CURIAM.

Rodney Tyrone Lowe appeals an order of the trial court granting in part and denying in part his motion to vacate his conviction of first-degree murder and sentence of death filed pursuant to Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. The State cross-appeals, challenging the trial court's order granting Lowe a new penalty phase. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const...

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