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RIVAS v. STATE

No. 3D09-2545.

43 So.3d 154 (2010)

Javier RIVAS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

September 1, 2010.

Attorney(s) appearing for the Case

Joseph P. George, Jr. , Criminal Conflict and Civil Regional Counsel, and Dan Hallenberg , for petitioner.

Bill McCollum , Attorney General, and Timothy R.M. Thomas , Assistant Attorney General, for respondent.

Before RAMIREZ, C.J., and LAGOA and SALTER, JJ.

RAMIREZ, C.J.

Javier Rivas seeks the issuance of a writ of prohibition to prevent the trial court from vacating Rivas' life sentence and from conducting a penalty phase proceeding pursuant to section 921.141, Florida Statutes (2008). For the following reasons, we grant Rivas' petition for a writ of prohibition.

Rivas was indicted for first degree murder, sexual battery with physical force likely to cause serious personal injury, and burglary with battery....

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