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BARNES v. STATE

No. SC12-875.

124 So.3d 904 (2013)

James Phillip BARNES, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

As Revised on Denial of Rehearing October 17, 2013.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

James Phillip Barnes, a prisoner under sentence of death, appeals the order of the circuit court denying his initial motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction under article V, section 3(b)(1), Florida Constitution. For the...

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