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HURST v. STATE

No. SC07-1798.

18 So.3d 975 (2009)

Timothy Lee HURST, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

September 17, 2009.

Attorney(s) appearing for the Case

Jeffrey M. Hazen and Harry Brody of Brody and Hazen, P.A., Tallahassee, Florida, for Appellant.

Bill McCollum, Attorney General, and Stephen R. White, Assistant Attorney General, Tallahassee, Florida, for Appellee.

PER CURIAM.

Timothy Lee Hurst appeals from an order denying his motion filed under Florida Rule of Criminal Procedure 3.851 seeking to vacate his judgment of conviction of first-degree murder and sentence of death.1 For the reasons explained below, we vacate the sentence of death and remand for a new penalty phase proceeding. We affirm the circuit court's order denying relief as to the remainder of Hurst's claims.

I. BACKGROUND...

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