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POOLE v. STATE

No. SC05-1770.

997 So.2d 382 (2008)

Mark Anthony POOLE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

December 11, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

Mark Anthony Poole was indicted, tried, and convicted of attempted first-degree murder, armed burglary, armed robbery, sexual battery, and first-degree murder. Poole appeals his conviction and his sentence of death for the first-degree murder. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm Poole's convictions but vacate his sentence of death and remand for a new penalty phase proceeding.

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