Supreme Court of Florida

____________

No. SC01-1619

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Appellant/Cross-Appellee,

vs.

Appellee/Cross-Appellant.

[October 9, 2003]

PER CURIAM.

Wayne Tompkins, a prisoner under sentence of death and an active death

warrant, appeals an order of the circuit court denying in part his successive motion

for postconviction relief under Florida Rule of Criminal Procedure 3.850. The

State cross-appeals the circuit court's order granting Tompkins a new penalty

phase based on evidence that the trial court directed the State to prepare the

sentencing order in an ex parte communication after the trial court imposed the