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SMITH v. STATE

Nos. SC12-53, SC12-1001.

126 So.3d 1038 (2013)

Stephen SMITH, Appellant, v. STATE of Florida, Appellee. Stephen Smith, Petitioner, v. Michael D. Crews, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied November 13, 2013.

Attorney(s) appearing for the Case

Ali Andrew Shakoor , Capital Collateral Regional Counsel — Middle Region; Richard E. Kiley and James Viggiano , Assistant Capital Collateral Counsels, Tampa, FL, for Appellant/Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL; Stephen D. Ake , Assistant Attorney General, Tampa, FL, for Appellee/Respondent.

PER CURIAM.

Stephen Smith appeals an order of the circuit court denying his motion to vacate his sentence of death filed under Florida Rule of Criminal Procedure 3.851. Smith also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we affirm the postconviction court's order and deny Smith's petition.

I. BACKGROUND

In 2006, Smith was convicted...

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