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STATE v. FITZPATRICK

No. SC11-1509.

118 So.3d 737 (2013)

STATE of Florida, Appellant, v. Michael Peter FITZPATRICK, Appellee.

Supreme Court of Florida.

June 27, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Katherine V. Blanco , Assistant Attorney General, Tampa, FL, for Appellant.

Mark S. Gruber and Maria Perinetti , Capital Collateral Regional Counsel, Middle Region, Tampa, FL, for Appellee.

PER CURIAM.

The State of Florida seeks review of an order entered in the circuit court on Michael Peter Fitzpatrick's postconviction motion filed under Florida Rule of Criminal Procedure 3.851. In its order, the circuit court vacated Fitzpatrick's conviction of first-degree murder and sentence of death and granted Fitzpatrick a new trial. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the circuit court's order and grant Fitzpatrick a new trial...

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