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SMITH v. STATE

No. SC06-747.

28 So.3d 838 (2009)

Joseph SMITH, Appellant/Cross Appellee, v. STATE of Florida, Appellee/Cross Appellant.

Supreme Court of Florida.

Rehearing Denied February 28, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL, and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

Joseph Smith appeals his convictions for first-degree murder, kidnapping, and capital sexual battery and his sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm the convictions and the sentences imposed by the trial court.

I. FACTS AND PROCEDURAL HISTORY

On February 20, 2004, Joseph Peter Smith was charged with one count of sexual battery by a person over eighteen...

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