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McCOY v. STATE

No. SC10-2206.

113 So.3d 701 (2013)

Richard McCOY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

May 2, 2013.

Attorney(s) appearing for the Case

David W. Collins , Monticello, FL, for Appellant.

Pamela Jo Bondi , Attorney General, and Charmaine M. Millsaps , Assistant Attorney General, Tallahassee, FL, for Appellee.

PER CURIAM.

Richard McCoy appeals an order that denied his motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

FACTS AND PROCEDURAL HISTORY

A jury convicted McCoy of the first-degree murder of Shervie Ann Elliott and recommended the death penalty by a vote of seven to five. See McCoy v. State,

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