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PHELPS v. STATE

No. 3D15-121.

232 So.3d 1131 (2017)

Joseph PHELPS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed November 8, 2017.

Attorney(s) appearing for the Case

Daniel J. Tibbitt, P.A., and Daniel Tibbitt , for appellant.

Pamela Jo Bondi , Attorney General, and Jonathan Tanoos , Assistant Attorney General, for appellee.

Before LAGOA, EMAS and SCALES, JJ.

Eighteen years after the murder of Louinas Lucas, a Miami grocery store owner, Joseph Phelps was convicted of first degree murder and attempted robbery with a firearm. Louinas Lucas had closed his store for the night and was carrying home the day's receipts when he was shot in his front yard during an armed robbery. In 2011, an accomplice...

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