STATE v. HERRING

No. SC09-2200.

76 So.3d 891 (2011)

STATE of Florida, Appellant, v. Ted HERRING, Appellee.

Supreme Court of Florida.

Rehearing Denied December 20, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Kenneth S. Nunnelley , Assistant Attorney General, Daytona Beach, FL, for Appellant.

John R. Hamilton and Jon M. Wilson of Foley and Lardner, LLP, Orlando, FL; Alan S. Goudiss , Adam S. Hakki , Itzhak Shukrei , and Christopher W. Greer of Shearman and Sterling, LLP, New York, NY; and Leon H. Handley of Rumberger, Kirk and Caldwell, P.A., Orlando, FL, for Appellee.


PER CURIAM.

This case is before the Court on appeal from an order granting Ted Herring's motion to vacate his sentence of death under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction under article V, section 3(b)(1) of the Florida Constitution. For reasons outlined below, we reverse the circuit court's order granting Herring's motion to vacate his sentence of death.

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