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SMITHERS v. STATE

Nos. SC07-2258, SC08-868.

18 So.3d 460 (2009)

Samuel L. SMITHERS, Appellant, v. STATE of Florida, Appellee. Samuel L. Smithers, Petitioner, v. Walter A. McNeil, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied September 24, 2009.

Attorney(s) appearing for the Case

Bill Jennings, Capital Collateral Regional Counsel, Ali A. Shakoor, Richard E. Kiley, and James Viggiano, Jr., Staff Attorneys, CCRC—Middle Region, Tampa, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Candance M. Sabella, Chief Assistant Attorney General, Tampa, FL, for Appellee/Respondent.

PER CURIAM.

Samuel L. Smithers appeals an order of the circuit court denying his motion to vacate his convictions of first-degree murder and sentences of death filed under Florida Rule of Criminal Procedure 3.851. Smithers also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we affirm the postconviction court's order and deny the petition for a writ of habeas...

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