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PAGAN v. STATE

No. SC17-872.

235 So.3d 317 (2018)

Alex PAGAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

February 1, 2018.

Attorney(s) appearing for the Case

James Vincent Viggiano, Jr. , Capital Collateral Regional Counsel, Maria E. DeLiberato , Julissa R. Fontán , and Chelsea Shirley , Assistant Capital Collateral Regional Counsel, Middle Region, Temple Terrace, Florida, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, Florida, and Donna M. Perry , Assistant Attorney General, West Palm Beach, Florida, for Appellee.

Alex Pagan appeals an order of the circuit court denying his motion to vacate his sentence of death under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We vacate Pagan's death sentence and remand for a new penalty phase consistent with Hurst v. State...

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